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2021 Supreme(Guj) 378

VINEET KOTHARI, B.N.KARIA
RAVJIBHAI PRABHUDAS PATEL SINCE DECD. – Appellant
Versus
ADDITIONAL COLLECTOR AND COMPETENT AUTHORITY U. L. C. – Respondent


Advocates Appeared:
For the Appellant : MR ANSHIN DESAI, SENIOR COUNSEL with MR ZALAK B PIPALIA, PRATEEK S BHATIA
For the Respondent: MR SOAHAM JOSHI, ASSISTANT GOVERNMENT PLEADER

JUDGMENT :

VINEET KOTHARI, J.

1. This Letters Patent Appeal is directed against the order dated 1.5.2007 of the learned Single Judge (Coram : R. S. Garg, J.), who dismissed the Special Civil Application No.5460 of 1999 in which the proceedings of Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as “ULC Act”) initiated against the Appellant – Petitioner (landholder), were under challenge.

2. The facts as noted by the learned Single Judge in the impugned order are quoted below for ready reference :

    “3. The short facts necessary for disposal of the present writ application are that the petitioner is the owner of the land of surveys no. 350 and 330 admeasuring 1 Acre and 1 Guntha and 2 Acres and 16 Gunthas situated at Manjalpur, Vadodara. On 14.8.76, the petitioner made an application in form-5 under Section 21 of the Gujarat Urban Land [Ceiling & Regulation] Act, 1976 seeking permission to develop the land in accordance with Section 21 of the Act. During pendency of the said application, the State Government/Competent Authority proceeded under Sections 8 and 9 of the Ur

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