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Showing contexts for: ulc in Legal Heirs Of Prabhatbhai Shivabhai ... vs State Of Gujarat on 23 March, 2021Matching Fragments
Tribunal, vide its order dated 30.12.1994, allowed the appeal and set aside the order passed by the Competent Authority dated 20.6.1988 and remanded the case back to the Competent Authority for deciding the application under Section 21 of the ULC Act, 1976 afresh. It is stated that the said application was not decided until the ULC Act, 1976 came to be repealed with effect from 30.3.1999.
5. But much before the remand by order dated 30.12.1994, the Notification under Section 10(3) of the ULC Act, 1976 was issued by the Competent Authority on 13.7.1989 which was duly published in the Official Gazette on 3.8.1989 vesting the land in the State free from all encumbrances. After that a Notice under Section 10(5) of the ULC Act, 1976 was issued on 29.8.1989 which was duly served upon Prabhatbhai Shivabhai Solanki by R.P.A.D. and by drawing Panchnama in presence of the panch witnesses, the possession of the land in question was taken over on 1.4.1992 (AnnexureR/1 colly.). The proceedings under ULC Act, 1976, thus, stood concluded even before the remand and these proceedings were never challenged by the Petitioners / Appellants.
the petitioners as the legal heirs of the said Prabhatbhai, before this Court by way of SCA No.4853 of 1993, this Court vide the order dated 7.2.1993 remanded the case to the Tribunal for deciding it afresh. The Tribunal again remanded the case to the competent authority for deciding the application of the petitioners afresh. In the meantime, the Notification under Section 10(3) of the ULC Act was issued on 3.8.1989, which was duly published in the official gazette. The possession of the excess vacant land was also taken over by the State Government on 1.4.1992 by drawing the panchnama after issuing notice under Section 10(5) of the ULC Act on 29.8.1989. It is pertinent to note that as per the legal position prevailing at the relevant point of time, when the application under Section 20 or 21 was pending for consideration before the competent authority, the competent authority could not proceed with the proceedings beyond the stage of Section 10(3) of the said Act. However, in the instant case, the order of the competent authority declaring the land admeasuring 4472 sq. mtrs., as the excess vacant land, had remained unchallenged at the instance of the said Prabhatbhai i.e. the predecessor of the petitioners and the possession was taken over as stated herein above. The said Prabhatbhai or the present petitioners also did not challenge the Notification issued under Section 10(3) or the notice under C/LPA/1281/2016 JUDGMENT DT. 23.3.21 PRABHATBHAI SHIVABHAI SOLANKI THROUGH LRs v. STATE OF GUJARAT & 4 others In Re: ULC Act : Vesting u/s. 10(3) Final : Exemption Applications don't survive.
11. In our opinion, the learned Single Judge was perfectly justified in holding that once the Notification under Section 10(3) has been issued in the present case on 3.8.1989 vesting the land in the State free from all encumbrances and in pursuance thereof, upon issuance of Notice under Section 10(5) of the ULC Act, 1976, the possession also has been taken over by the State Government on 1.4.1992 under Section 10(6) of the ULC Act, 1976 through Panchnama Process, there was no question of deciding the pending Application under Section 21 of the ULC Act, 1976 upon remand by the Tribunal and that too should be deemed to have stood abated. The learned Single Judge has further noted in the extract of judgment quoted above that Notification under Section 10(3) of the ULC Act, 1976 and the proceedings of taking over the possession under Section 10(5) / 10(6) of the ULC Act, 1976 have not been assailed by the Petitioners at all and he is merely banking upon the pendency of the Application under Section 21 of the ULC Act, 1976 and have sought the benefit of Section 4 of C/LPA/1281/2016 JUDGMENT DT. 23.3.21 PRABHATBHAI SHIVABHAI SOLANKI THROUGH LRs v. STATE OF GUJARAT & 4 others In Re: ULC Act : Vesting u/s. 10(3) Final : Exemption Applications don't survive.
15. The adjudicatory process comes to an end with the issuance of Notification under Section 10(3) of the ULC Act, 1976 and thereafter, the formal conclusion of the proceedings under the ULC Act, 1976 can take place either under Section 10(5) or Section 10(6) of the ULC Act, 1976 by taking over the possession, C/LPA/1281/2016 JUDGMENT DT. 23.3.21 PRABHATBHAI SHIVABHAI SOLANKI THROUGH LRs v. STATE OF GUJARAT & 4 others In Re: ULC Act : Vesting u/s. 10(3) Final : Exemption Applications don't survive.