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2018 Supreme(Online)(Guj) 1207

GUJARAT HIGH COURT
Mr. , J
Legal Heirs of the original owner late Shri Amrutlal Jamnadas Lakdawala – Appellant
Versus
Competent Authority and Deputy Collector – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Gandhi
For the Respondents: Mr. Venugopal Patel

Table of Content
1. jurisdiction and process of ulc act challenged. (Para 1 , 2 , 3)
2. arguments presented regarding land use classification and physical possession. (Para 4 , 5)
3. court examines procedural history and validity of authority's decisions. (Para 6 , 7)
4. assessment of town planning's impact on land classification. (Para 8)
5. final ruling invalidates previous orders based on legal misinterpretation. (Para 9 , 10)

1. The petitioners, who happen to be the legal heirs of the original owner late Shri Amrutlal Jamnadas Lakdawala of the subject land, had filed the present petition for quashing and setting aside the order dated 19.12.1986 passed by the respondent No. 1 - competent authority and Deputy Collector (Annexure 'B'), and the order dated 22.10.1990 passed by the ULC Tribunal, Surat (Annexure 'C') declaring the land admeasuring 1066.7 sq. mtrs. out of the Survey No. 486 as the excess vacant land.

2. It appears that the petition was earlier disposed of by the Single Bench vide the order dated 05.05.1999 on the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'the ULC Act') having been repealed by the Urban Land (Ceiling and Regulation) Repeal Act,








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