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BIREN VAISHNAV, NIRZAR S. DESAI, HASMUKH D. SUTHAR
Dip Co. Op. Hsg. Society Ltd. Through Purshottam S Patel – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE BIREN VAISHNAV)
1. These proceedings viz. the two LPAs and the PIL have been placed before us, in light of differing decisions by the two Hon’ble Judges constituting a bench which decided the LPAs and the PIL by order dated 16.04.2020. One of the Hon’ble Ld. Judges (Hon’ble Mr.Justice J.B.Pardiwala, as he then was) allowed the appeals reversing the judgement and order of the learned Single Judge dated 29.10.2007-30.10.2007, whereas, the other Hon’ble learned Judge of the coordinate bench (Hon’ble Mr.Justice A.C.Rao, as he then was) dismissed the appeals. Hence, this reference.
2. Facts in brief are as under:
2.1 For the brevity of this order, the facts as set out by the judgement dated 16.04.2020 read as under:
The court held that statutory compliance under the Urban Land (Ceiling and Regulation) Act is mandatory for valid dispossession, emphasizing that mere vesting does not equate to possession.
Failure to issue notice under Section 10(5) of the ULC Act to possessors renders dispossession unlawful and results in the abatement of proceedings under Section 4 of the Repealing Act.
The court ruled that actual physical possession must be established for the State to validly claim ownership under the Urban Land (Ceiling and Regulation) Act, 1976, and procedural requirements for n....
plain language of sub-section (5) of Section 10 means and envisages a notice in writing in the form of an order to surrender or make over the possession to the State. Sub-Section (5) notice is not in....
Possession of land under the Urban Land (Ceiling and Regulation) Act must be established lawfully; mere vesting does not equate to possession, especially post-repeal.
The main legal point established in the judgment is the interpretation of Section 10(5) and 10(6) of the Urban Land Ceiling Act, and the validity of exemption applications under Section 21.
Proceedings issued under the Urban Land Ceiling Act against a deceased declarant are null and void; possession must be established prior to claiming surplus land.
The appellants, a series of so called bona fide Purchasers, have kept this lis alive against the State Government and those 83 allottees, who were allotted their lands out of such excess land vested ....
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