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SANGEETA K. VISHEN, NISHA M. THAKORE
State Of Gujarat – Appellant
Versus
Harishchandrasinhji B Jadeja Since Deceased Thro. His Heirs – Respondent
JUDGMENT :
(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)
Re.: The Challenge
1. In the captioned appeals, the challenge, is to the CAV judgment dated 20.12.2005 passed by the learned single Judge whereby, the writ petition being Special Civil Application no.13065 of 1994, has been allowed and (i) order dated 16.08.1993 passed by the Mamlatdar & ALT, Lodhika; (ii) order dated 09.12.1993 passed by the Deputy Collector; and (iii) order dated 12.10.1994 passed by the Gujarat Revenue Tribunal (hereinafter referred to as “the Tribunal”), have been quashed and set aside. Special Civil Application no.10235 of 1996 filed by the State Government, has been dismissed and Special Civil Application no.5174 of 1996 by the petitioner-holder, has been disposed of, it having been rendered infructuous in view of the repeal of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as “the ULC Act”).
Re: Brief background
2. Center to the issue, is land bearing survey no.250, admeasuring 198 acres and 39 gunthas of village Raiya (hereinafter referred to as “the land in question”) and the proceedings arising out of the Gujarat Agricultural Land Ceiling (Amendment) Act, 1972 (hereinafter
The court confirmed that bid lands are included under the definitions of 'land' and 'agriculture' in the Gujarat Agricultural Lands Ceiling Act, reaffirming the limited scope of remand orders.
The court affirmed that changes in the U.P. Ceilings Act necessitate a re-determination of surplus land in adherence to legislative amendments, disallowing re-litigation on previously settled land is....
The authorities must provide reasoned judgments, adhering to statutory definitions of land classification to ensure fair judicial processes in surplus determinations.
The court affirmed that under the Gujarat Agricultural Lands Ceiling Act, a widow and her major sons are entitled to separate ceiling units for agricultural land, thus validating the Tribunal's decis....
Authorities under the Uttar Pradesh Ceiling Act must prove surplus claims with adequate evidence; failure to adhere to principles of natural justice and misclassification of land holdings rendered th....
The court upheld prior determinations under the Bihar Land Reforms Act, affirming the necessity for credible evidence in claims for land units while emphasizing the finality of earlier rulings.
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