Section 8 in The Gujarat Vacant Lands in Urban Areas (Prohibition of Alienation) Act, 1972
8. Alienations etc. made on or after 1st July, 1972 but before appointed day.
(1)Where, on or after the 1st day of July, 1972, but before the appointed day, any person has alienated, whether by way of sale, gift, exchange, usufructuary mortgage, lease or otherwise, any vacant land owned by him or has effected a partition or created a trust of any such land, then notwithstanding anything contained in any law for the time being in force, such alienation, partition, or, as the case may be, trust shall, unless it is proved to the contrary, be deemed to have been made, effected or, as the case may be, created in anticipation in order to defeat the object of this Act or any law that may be enacted in future for imposing restrictions on holding property in excess of certain limits in urban areas (hereinafter referred to as the "ceiling law"), if such alienation, partition, or, as the case may be, trust would have been null and void under the provisions of this Act had it been made, effected, or as the case may be, created on or after the appointed day.(2)Any person affected by the provisions of sub-section (1) may, within the prescribed period and in the prescribed form, make an application to the Collector for a declaration that the alienation, partition, or, as the case may be, trust was not made, effected, or, as the case may be, created in anticipation to defeat the object of this Act or of the ceiling law.(3)On receipt of such application, the Collector shall hold an inquiry and after giving an opportunity to the alienator and the alienee, to the parties to the partition, or, as the case may be, to the creator of the trust and the persons interested in the trust, to be heard, by serving on them a notice in such manner as may be prescribed, and after considering the evidence which may be produced by them, decide whether the alienation, partition, or, as the case may be, trust was or was not made, effected or as the case may be, created in order to defeat the object of this Act or of the ceiling law, and accordingly may-(i)reject the application, or(ii)by order in writing make a declaration that the alienation, partition or, as the case may be, trust was not made, effected, or, as the case may be, created in anticipation to defeat the object of this Act or of the ceiling law.(4)Where no such application has been made within the prescribed period, or where any such application is rejected, the vacant land in respect of which such alienation, partition, or, as the case may be, trust was made, effected, or, as the case may be, created shall, for the purposes of the ceiling law, be deemed to belong to the owner thereof to whom it belonged immediately before such alienation, partition, or, as the case may be, created, as if no such alienation, partition, or, as the case may be, trust was made, effected, or, as the case may be, trust was made, effected or, as the case may be, created, unless the ceiling law provides otherwise.
