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2024 Supreme(Guj) 517

SUNITA AGARWAL, ANIRUDDHA P. MAYEE
State Of Gujarat – Appellant
Versus
Legal Heirs Of Shivabhai Virabhai Prajapati – Respondent


Advocates Appeared:
For the Appellants : Ms. Hetal G. Patel.
For the Respondents: Deceased Litigant, Mr. Zubin F. Bharda, Rule Served.

JUDGMENT :

(Sunita Agarwal, J.)

The instant Appeal has arisen out of the judgment and order dated 19.04.2014 passed by the learned single Judge in dismissing the writ petition filed by the State challenging the order dated 20.2.1999 passed by the Urban Land Ceiling Tribunal in Appeal No. Ahmedabad/5/1999 under Section 33 of the Urban Land (Ceiling and Regulation) Act, 1976.

2. The brief facts relevant to decide the matter at hands are that the land-in-question namely Survey No. 143/2 admeasuring 3339 sq.mtrs., situated at Village : Gota, Ahmedabad (Daskroi) was sold by the original land holder-Shivabhai Virabhai Prajapati vide sale deed dated 10.02.1976 in favour of one Devrajbhai Khunabhai Rabari, as the predecessor in interest of respondent Nos. 2.1 to 2.7. It seems that in the proceedings conducted by the competent authority under the Urban Land (Ceiling and Regulation) Act, 1976 (in short referred to as ‘the ULC Act’), the competent authority passed order dated 09.08.1990 under Section 8(4) of the ULC Act declaring 2339 sq.mtrs. of excess land from Survey No. 143/2, on the premise that the original owner could not produce any document like agreement to sell, sale deed etc. to sho

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