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SUNITA AGARWAL, PRANAV TRIVEDI
State Of Gujarat – Appellant
Versus
Deceased Kantilal Narandas Patel And Deceased Vidhyaben Kantilal Patel Through Lhrs – Respondent
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE PRANAV TRIVEDI)
[1] The present Letters Patent Appeal under Clause 15 of the Letters Patent is preferred by the appellants – original respondents assailing the correctness and validity of the judgment and order dated 21.12.2023 passed by the learned Single Judge in Special Civil Application No.23506 of 2006.
[2] The writ petition preferred by respondents - original writ petitioners prayed to quash and set aside the order dated 08.10.1984 passed by the competent authority as well as to declare that the land bearing original Revenue Survey No. 187 situated in the sim of Village Chandlodia. Taluka : City, District: Ahmedabad admeaasuring 14569 sq.mtrs. which were given three final plots. Nos. 78 admeasuring 3186 sq.mtrs. of Draft T.P. Scheme No. 28 and Final Plots No. 65 admeasuring 3428 sq.mtrs. and 91 admeasurina 2570 sq.mtrs. of Draft Town Planning Scheme No. 18 out of which 8600 sq.mtrs. does not vest in the State Government.
[3] The learned Single Judge after considering the contentions raised by both the parties was pleased to allow the writ petition granting the prayers as prayed for by the original writ petitioners. Being aggrieved, the Sta
An order declaring land surplus issued in the name of a deceased person is a nullity and violates principles of natural justice, warranting its quashing.
The court upheld the validity of the allotment of excess land, ruling that failure to follow proper procedure under the Urban Land Ceiling Act did not negate the State's possession rights.
The court established that proceedings under the Urban Land (Ceiling and Regulation) Act abate if possession is not taken before the Repeal Act, but claims can be dismissed on grounds of delay.
Imposition of Ceiling on Land Holdings Act does not permit retroactive scrutiny of land transfers pre-dating statutory cut-off; failure to follow judicial precedents constitutes a breach of natural j....
The main legal point established in the judgment is the importance of proving possession for the purposes of the Repeal Act and the statutory bar on transfer created by the Urban Land (Ceiling and Re....
Failure to issue mandatory notices under the Urban Land Act invalidates state claims of land possession, allowing petitioners to retain ownership rights based on ongoing lawful occupancy.
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 court established that land transfers made after the reference date under the Ceiling Act are not valid for determining surplus land, and the burden of proof regarding the classification of land ....
Delay in asserting rights under land ceiling regulation impacts maintainability of writ petitions; the court dismisses claims due to laches but permits civil recourse.
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