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2014 Supreme(Guj) 1077

RAJESH H.SHUKLA
Heirs of K. G. Tripathi-Since Decd. Through Legal – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioner:Mr. Jitendra M. Patel, Advocate
For the Respondent: Mr. Bharat Vyas, Asst. Government Pleader

JUDGMENT :

Rajesh H. Shukla, J.

The present petition is filed by the petitioners who are the heirs of deceased Keshavlal Tripathi for the prayers, inter alia, that the impugned judgment and order passed by the Urban Land Tribunal dated 31.5.1990 in Appeal No. 14/89 at Annexure-B and also the order passed by the Competent Authority dated 8.12.1988 at Annexure-A may be quashed and set aside on the grounds stated in the petition. It is required to be mentioned that pending the petition amendments have been made for the contention that the petitioners are entitled to claim the benefit of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 as the actual physical possession has not been taken over.

2. The facts of the case briefly summarised are that the petitioners had filed Form No. 1 under sec. 6 of the Urban Land (Ceiling and Regulation)Act, 1976 (hereinafter referred to as ‘the ULC Act’) in respect of the following properties:

Sr. No.

Name of Village

Survey No.

Sq. Mtrs.

1

Awkaf

362

5059.00

2

Sarkhej

295

42.12

3

Old Wadaj

159

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