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2021 Supreme(Guj) 1279

J. B. PARDIWALA, NIRAL R. MEHTA
SUDHIR V. PATEL – Appellant
Versus
ADDL. COLLECTOR AND COMPETENT AUTHORITY – Respondent


Advocates:
Advocate Appeared:
For the Appellants : MIHIR THAKORE, NIMISHA J. PAREKH.
For the Respondent: ISHAN JOSHI.

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

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