Gujarat High Court
Jagubhai Dayabhai Patel vs Competent Authority & Addl. Collector on 10 May, 1999
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No 2612 of 1997
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JAGUBHAI DAYABHAI PATEL
Versus
COMPETENT AUTHORITY & ADDL. COLLECTOR
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Appearance:
MR MI HAVA for Petitioner
MR C.C.Bhalja, ASSTT. Government Pleader
for Respondent No. 1
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CORAM : MR.JUSTICE KUNDAN SINGH
Date of Order: 10/05/99
ORAL ORDER
The learned counsel for the petitioner states that proceedings under section 20 of the Urban Land (Ceiling and Regulation) Act, 1976 were pending. The possession of the land was not taken over by the Government.
Learned counsel for the petitioner has brought to the notice of this Court the Urban Land (Ceiling and Regulation) Repeal Act, 1999 which, according to him, has already come into force on 30.3.99, in view of the Resolution passed by the Legislative Assembly under Article 252 of the Constitution. Section 4 of the aforesaid Repealing Act, 1999 reads as under:
"4. All proceedings relating to any order made or purported to be made under the principal Act pending immediately before the commencement of this Act, before any Court, Tribunal or other authority shall abate;
Provided that this section shall not apply to the proceedings relating to sections 11,12,13 and 14 of the principal Act in so far as such proceedings are relatable to the land, possession of which has been taken over by the State Government or any person duly authorised by the State Government in this behalf or by the competent HC-NIC Page 1 of 2 Created On Sat Aug 20 01:26:22 IST 2016 authority."
Proceeedings in this petition therefore, abate. Orders accordingly. Rule is discharged with no order as to costs. Interim relief, if any, stands vacated. The petition stands disposed of.
(Kundan Singh,J) ***darji HC-NIC Page 2 of 2 Created On Sat Aug 20 01:26:22 IST 2016