ORAL JUDGMENT

1.Present petition has been filed by the State of Gujarat under Article 227 of the Constitution of India challenging the judgment and order passed by the Urban Land Tribunal dated 22nd January, 1999 passed in Review Application No. Jamnagar/31/98 in allowing the said review application by modifying its earlier order and declaring that no land of the original declarant – respondent No.1 herein is required to be declared as excess vacant land on the basis of the order passed by the Competent Authority & Deputy Collector, Urban Land Ceiling, Jamnagar, and further passing the order to close the form. By way of amendment, it is also further prayed for an appropriate order to declare that the sale transaction in favour of M/s. Sagar Raj Land Developers – respondent No.2 (joined as per the order dated 19th October, 2005 passed in Civil Application No. 9808 of 2005) by way of registered sale deed dated 14th May, 1999 as illegal and void and therefore, to be set aside.

2.At the outset, it is to be observed that this is a unique case of fraud by the original land owner in connivance with the Urban Land Tribunal and/or office of Urban Land Ceiling Department and at the outset, it