STATE OF GUJARAT vs SANKALCHAND P VACHHETA SINCE DECEASED THROUGH HIS HEIRS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

GUJARAT HIGH COURT
B.J. SHETHNA, M.C. PATEL, JJ
STATE OF GUJARAT – Appellant
Versus
SANKALCHAND P VACHHETA SINCE DECEASED THROUGH HIS HEIRS – Respondent

Advocates:
For the Appellants/Petitioners:MR. SN SHELAT, ADVOCATE GENERAL, MR. PR ABICHANDANI, AGP
For the Respondents: MR. SB VAKIL, MR. DC DAVE

Table of Content
1. maintenance of lpa confirmed. (Para 10 , 16)
2. error in previous judgments noted. (Para 11)
3. appeals allowed; cases remanded. (Para 20 , 21)

JUDGEMENT

This Court on the repeal of Urban Land (Ceiling & Regulation) Act, 1976 disposed of many matters by passing the following order :

"The petitioner in this petition has challenged the order passed by the authorities under the Urban Land (Ceiling & Regulation) Act, 1976. The authorities have not taken the possession of the land in question from the petitioner, which is not in dispute.

In view of the fact that the dispute involved in this petition is directly covered under the provisions of the Urban Land (Ceiling & Regulation) Repeal Act, 1999 (Act No.15 of 1999) repealing the Urban Land (Ceiling & Regulation) Act, 1976 which is also adopted by the State Government by passing a resolution dated 30.3.1999 this petition has abated and consequently the impugned order passed against the petitioner also stands abated. Rule made absolute accordingly with no order as to costs."

The State Government has filed the present application for review of the

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GUJARAT HIGH COURTB.J. SHETHNA, M.C. PATEL, JJSTATE OF GUJARAT – AppellantVersusSANKALCHAND P VACHHETA SINCE DECEASED THROUGH HIS HEIRS – Respondent

GUJARAT HIGH COURT
B.J. SHETHNA, M.C. PATEL, JJ
STATE OF GUJARAT – Appellant
Versus
SANKALCHAND P VACHHETA SINCE DECEASED THROUGH HIS HEIRS – Respondent