Section 26 in The Gujarat Agricultural Lands Ceiling Act, 1960
26. Inquiry as respect land held in contravention of Section 9.
(1)Where the Tribunal suo motu or on an application made to it by any persons has reason to believe that the acquisition of any excess land by any person is invalid under Section 9 or any excess land is liable to be deemed as surplus land under that Section [or under Section 9A] [These words, figures and letters were inserted by Gujarat 2 of 1974, Section 22 (1).], the Tribunal shall issue a notice in the prescribed form to the persons holding the land and other persons known to be interested in the land to show cause within one month from the date of the service of the notice, why the acquisition of such excess land should not be declared to be invalid or, as the case may be, why the excess land should not be declared to be surplus land.(2)The Tribunal shall there upon hold an inquiry and after giving the person holding the land and other persons interested in the land an opportunity to be heard decide [whether the land is excess land under Section 9 or, as the case may be, under Section 9A, and if so,-(i)in the case of land under Section 9, whether the acquisition of excess land is invalid, or whether the excess land is liable to be deemed as surplus land.(ii)in the case of land under Section 9A, whether the excess land is liable to be deemed as surplus land, and the Tribunal shall thereupon made a declaration accordingly.](3)If the Tribunal declares the acquisition of excess land to be invalid the excess land shall be forfeited to the State Government from the date of the declaration.(4)If the Tribunal declares the excess land to be surplus lands, it shall vest in the State Government from the date of the declaration free from all encumbrances and the provisions of Sections 22 to 25 (both inclusive), shall apply thereto.
