STATE OF GUJARAT vs MANOHARSINHJI PRADYUMANSINHJI JADEJA

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

GUJARAT HIGH COURT
M.R.CALLA, R.R.TRIPATHI, JJ
STATE OF GUJARAT – Appellant
Versus
MANOHARSINHJI PRADYUMANSINHJI JADEJA – Respondent

Advocates:
For the Appellants/Petitioners: MR SN SHELAT, MS HARSHA DEVANI
For the Respondents: MR JR NANAVATI, MR PV HATHI, MR AR THAKKAR

Table of Content
1. clarification of law relevant to land ceiling. (Para 1 , 2 , 3)
2. historical context and legislative evolution of land laws. (Para 4)
3. legislative competence and amendments' effect on existing laws. (Para 5 , 6)
4. implications of urban land ceiling act repeal on the earlier decisions. (Para 7 , 8)
5. conclusion supporting the learned single judge's order. (Para 9 , 10)

JUDGEMENT

(Per : MR.JUSTICE M.R.CALLA) The State of Gujarat has come in appeal against the judgment and order dated 6th May 1999 passed by the learned Single Judge in Special Civil Application No.4015 of 1990 whereby the petition was allowed and the judgment and order dated 8th September 1989 passed by the Gujarat Revenue Tribunal in Revision Application No.TEN.B.R.4 of 1989 confirming the orders at Annexures.A and B in Special Civil Application as had been passed by the Dy.Collector, Mamlatdar and ALT in so far as the bid land Survey No.111/2 admeasuring 30 acres and 30 gunthas and Survey No. 111/3 admeasuring 529 acres and 27 gunthas are concerned was quashed and set aside and the Rule was made absolute.

2.The controversy between the parties hinges around the provisions

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GUJARAT HIGH COURTM.R.CALLA, R.R.TRIPATHI, JJSTATE OF GUJARAT – AppellantVersusMANOHARSINHJI PRADYUMANSINHJI JADEJA – Respondent

GUJARAT HIGH COURT
M.R.CALLA, R.R.TRIPATHI, JJ
STATE OF GUJARAT – Appellant
Versus
MANOHARSINHJI PRADYUMANSINHJI JADEJA – Respondent