Gujarat High Court
State Of Gujarat vs Deceased Chaturbhai Ghoribhai Patel ... on 16 June, 2021
Author: Vineet Kothari
Bench: Vineet Kothari, B.N. Karia
C/LPA/94/2008 ORDER DATED: 16/06/2021
RAVJIBHAI PRABHUDAS PATEL SINCE DECD.THR'HEIRS Versus ADDITIONAL COLLECTOR AND
COMPETENT AUTHORITY U.L.C.
==========================================================
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 94 of 2008
In
R/SPECIAL CIVIL APPLICATION NO. 5460 of 1999
With
CIVIL APPLICATION (FOR AMENDMENT) NO. 1 of 2015
In R/LETTERS PATENT APPEAL NO. 94 of 2008
With
CIVIL APPLICATION (FOR AMMENDMENT) NO. 1 of 2019
In R/LETTERS PATENT APPEAL NO. 94 of 2008
With
R/LETTERS PATENT APPEAL NO. 126 of 2015
In
SPECIAL CIVIL APPLICATION NO. 8292 of 2012
==========================================================
RAVJIBHAI PRABHUDAS PATEL SINCE DECD.THR'HEIRS
Versus
ADDITIONAL COLLECTOR AND COMPETENT AUTHORITY U.L.C.
==========================================================
Appearance:
MR ANSHIN DESAI, SR. ADVOCATE
with MR. ZALAK B PIPALIA(6161) for the Appellant(s) No. 1.1,1.2,1.3,1.4
PRATEEK S BHATIA(8629) for the Appellant(s) No. 1.1,1.2,1.3,1.4
GOVERNMENT PLEADER(1) for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE DR. JUSTICE VINEET KOTHARI
and
HONOURABLE MR. JUSTICE B.N. KARIA
Date : 16/06/2021
ORAL ORDER
(PER : HONOURABLE DR. JUSTICE VINEET KOTHARI) Order in Letters Patent Appeal No.94 of 2008
1. Learned senior counsel prays for short time to study the matter further as he has been informed by the Court that on the issues involved in the present case, the Court has rendered a series of judgements in the recent past which are enumerated below:
Page 1 of 3 Downloaded on : Tue Jul 20 20:33:13 IST 2021C/LPA/94/2008 ORDER DATED: 16/06/2021 RAVJIBHAI PRABHUDAS PATEL SINCE DECD.THR'HEIRS Versus ADDITIONAL COLLECTOR AND COMPETENT AUTHORITY U.L.C. ==========================================================
(i) Letters Patent Appeal No.405 of 2017 (Heirs of Deceased Jethabhai Ishwarbhai Vs State of Gujarat and others) decided on 22.1.2021.
(ii) Letters Patent Appeal No.555 of 2011 (Dalwadi Mujlibhai Mathurbhai Since Deceased Through heirs Vs State of Gujarat through Secretary) decided on 11.2.2021.
(iii) Letters Patent Appeal No.1411 of 2016 (Chandralal Mulchand Ambavani Vs State of Gujarat ) decided on 22.2.2021.
(iv) Letters Patent Appeal No.1281 of 2016 (Prabhatbhai Shivabhai Solanki Through Lrs Vs State of Gujarat ) decided on 23.2.2021.
(v) Letters Patent Appeal No.941 of 2016 (Ravijibhai Chhotabhai Patel Vs Competent Officer and DY Collector) decided on 25.3.2021.
(vi) Letters Patent Appeal No.263 of 2013 (Ganesh Industrial Estate Vs Additional Deputy Collector) decided on 20.4.2021."
2. The Court has held in these judgements that pendency of Exemption Applications under Section 20 or 21 of ULC Act, 1976 will lose their significance after the Notification under Section 10 (3) of the Act has been issued by the State Government vesting the excess or surplus land as determined under ULC Act free from any encumbrances in the State and proceedings under Section 10 (5) / 10 (6) have been taken to take over the possession of the excess land from the land holders under the provisions of the ULC Act and even if such Applications under Section 20 and 21 were pending on the date of the Repeal of ULC Act on 30.3.1999, they will be deemed to have been rejected and the Court cannot reopen the issues on those grounds and restore the excess land Page 2 of 3 Downloaded on : Tue Jul 20 20:33:13 IST 2021 C/LPA/94/2008 ORDER DATED: 16/06/2021 RAVJIBHAI PRABHUDAS PATEL SINCE DECD.THR'HEIRS Versus ADDITIONAL COLLECTOR AND COMPETENT AUTHORITY U.L.C. ========================================================== back to the land holders.
3. The learned counsel for the appellant prays for some time to study these judgements and then make his submissions on the next date of hearing.
4. Put up on 21.6.2021.
Order in Letters Patent Appeal No.126 of 2015 The above Letters Patent Appeal be segregated from Letters Patent Appeal No.94 of 2008 and be listed on 23.6.2021.
(DR. VINEET KOTHARI,J) (B.N. KARIA, J) NAIR SMITA V. Page 3 of 3 Downloaded on : Tue Jul 20 20:33:13 IST 2021