JUDGMENT :

NIRAL R. MEHTA, J.

1. Feeling aggrieved by the judgment and order dated 11.9.2007/11.9.2007 passed by a learned Single Judge of this Court in the Special Civil Application No. 408 of 1993, the appellants-original petitioners have preferred this Letters Patent Appeal under Clause 15 of the Letters Patent.

2. By way of the impugned judgment, the learned Single Judge while dismissing the writ petition, affirmed the order dated 17.6.1983 passed by the competent authority as well as the order dated 3.3.1989 passed by the learned Urban Land Ceiling Tribunal.

3. Brief facts as can be gathered from the record are as under:

3.1 A parcel of agricultural land bearing Survey No. 208/1 was originally owned by one Manibhai Shivabhai Patel, who, during his life-time, gifted the said land to his wife-Kashiben Bhailalbhai Patel (Maiden name) on 13.10.1961. The said land admeasuring 2 Acres and 8 Gunthas is situated at the village Narol. Prior to coming into the force of the Urban Land (Ceiling and Regulation) Act (for short ‘the Act’) there was a dispute between the erstwhile owner and one Ishwarbhai Somabhai, who was claiming to be the tenant of a portion of land in question. The settlement took place and thereby, 28 Gunthas of land was given to said Ishwarbhai Somabhai and heirs and the balance 1 Acre and 20 Gunthas of lands was retained by the erstwhile owner. Kashiben Bhailalbhai Patel made a Will before the Act coming into the force and by virtue of the said Will, the appellants’ name came to be mutated in the Village Form No. 6 by way of Entry No. 1890. As per the City Survey map prepared by the City Survey Officer on 14.5.1962, the land is bounded on the north by Survey No. 210/1 and on south by Survey Nos. 108 and 209, on the east by Survey No. 210/2 and on the west by Survey No. 208/2. As per the said map, there is a cans (canal) passing through the land. The portion of land to the west of the said canal and bounded by land bearing Survey No. 208/2 is of Ishwarbhai Somabhai which is admeasuring 28 Gunthas and the land to the east of the canal which is admeasuring 1 Acre and 20 Gunthas (6070 sq. mtrs.) belongs to the appellants herein-original petitioners.

3.2 It appears that upon coming into the force of the Act, under Section 6, Form-1 came to be submitted by the appellants herein jointly. The application of the appellants for exemption under Section 20 of the Act came to be rejected by the competent authority and vide order dated 6.9.1983 passed under Section 8(4) of the Act, it was held that as per the master plan, the land was situated within the industrial zone, therefore, it was vacant land and thereby, on their total holding of 6070 sq. mtrs. the appellants were entitled to retain 1000 sq. mtrs. of land. Thus, the remaining 5070 sq. mtrs. of land was declared as the excess vacant land.

3.3 Feeling aggrieved by the aforesaid, the appellants herein approached the Urban Land Ceiling Tribunal by way of Ceiling Appeal No. 217 of 1983 under Section 33 of the Act. However, the same came to be dismissed by way of an order dated 3.3.1989.

3.4 As per the order of the Tribunal, the final statement was drawn and sent to the appellants on 27.3.1989 as envisaged by Section 9 of the Act. Further, the action for acquisition of the excess vacant land was undertaken by the State Government vide the Notification as envisaged by Section 10(1) of the Act dated 27.3.1990 and the same was published in the official gazette on 19.4.1990. By way of another Notification dated 30.4.1992 issued under Section 10(3) of the Act and published in the official gazette on 14.5.1992, the excess vacant land came to be vested in the State Government. Thus, on 27.11.1992 the holders were given notice to hand over possession of the excess vacant land as envisaged by Section 10(5) of the Act. Since the holders failed to hand over the possession of the excess vacant land, the possession is said to have been taken over by the State Government by drawing a panchnama da