JUDGMENT :

VINEET KOTHARI, J.

1. This Intra Court Appeal is directed against the Judgment and Order dated 3031.8.2016, by which the learned Single Judge dismissed Special Civil Application No.5985 of 1999 – Heirs & Legal Representatives of Deceased Prabhatbhai Shivabhai Solanki vs. State of Gujarat & Others.

2. The case arose under provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (ULC Act, 1976) and the proceedings under the ULC Act, 1976 stood concluded with the following dates worth noting.

3. The declaration under Section 6 of the ULC Act, 1976 was filed by the Petitioners in 1986 and vide order dated 29.10.1986, the Competent Authority declared following excess vacant / surplus land from the holding of the land owners:

(i) 3943 sq. mtrs., out of total area of 3943 sq. mtrs., of the Survey No.692, Final Plot No.501;

(ii) 23 sq. mtrs., out of total area of 1523 sq. mtrs., of the Survey No.964, Final Plot No.463; and

(iii) 506 sq. mtrs., out of total area of 506 sq. mtrs., of the Survey No.926, Final Plot No.501, as excess vacant land.

4. The land holder made an application seeking exemption under Section 21 of the ULC Act, 1976 on 1.5.1987 which came to be rejected by the