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1. The petitioner-Maharaja Fatehsinhrao Zoo Trust challenges the order dated 22-11-1985 passed by the Gujarat Revenue Tribunal in Revision Application No. TEN. B.A.648/ 84 confirming the order dated 25-4-1984 in Ceiling Appeal No. 2/84, by which the Deputy Collector had upheld the declaration of surplus land under Section 21 of the Gujarat Agricultural Lands Ceiling Act, 1960 made by the Agricultural Lands Tribunal in its order dated 21-2-1983, holding that 250 acres and 26 gunthas of land held by the petitioner was surplus and that the petitioner could hold only the remaining 36 acres of land.

6. The only relevant aspect for pre-condition to exercise of the power to declare surplus land and its consequential vesting in the State Government under Section 21 is, whether the land is held in excess of the ceiling area provided for the class or classes to which it belongs and is not exempted from Section 3 of the Act. The petitioner-Trust had, on the question of exemption, filed a Writ Petition being Special Civil Application No. 667 of 1975 before this High Court, which was decided on 10th August, 1978. It had challenged therein the decision rendered by the Competent Authority to the effect that the Trust concerned was not entitled to exemption from the operation of the Act in respect of the lands in question. In that writ petition, the Trust had stated in paragraph 3 that in the enquiry under Section 21 of the said Act, in respect of the lands of Shrimant Fatehsinhrao Pratapsinh Gaekwad (Ex-ruler of Baroda State) the Agricultural Lands Tribunal, Baroda had held that his total holding exceeded the ceiling area by 407 acres and 4 gunthas. In calculating the total area of lands held by Shrimant Fatehsinhrao Pratapsinh Gaekwad, the lands in dispute were also included. It was further stated thatin appeal, the Collector upheld on 10-9-1965 the contention that the disputed lands were reserved for a Zoo and were of the ownership of the petitioner-Trust. It was then stated in paragraph 4 of that petition that thereupon an application was presented to the Collector, Baroda on 18-4-1968 by the petitioner-Trust for an exemption certificate under Section 3(1)(d) of the Gujarat Agricultural Lands Ceiling Act, urging that these lands were reserved as Zoo for preservation of birds and animals of rare specie such as Blackbuck, It was urged that the Zoo was intended for educational purpose for providing facilities for study and research into the pattern of living and behaviour of Blackbucks. It was also urged that the Zoo also provided for maintenance of wild animals and the lands held by the Zoo were exempted from provisions of the Ceiling Act under Section 3(1)(d) thereof. These contentions were rejected by the District Deputy Collector, Baroda by his order dated 20-9-1972. The Revenue Tribunal confirmed that order on 19-8-1974 and the Special Civil Application No. 667/75 filed against that order was rejected by this High Court on 108-1978. It was held that by virtue of the amendment Act of 1972 which came into force from May 2nd, 1974, Section 3(1)(d) of the Ceiling Act as it stood on 1968 was repealed and no exemption was any more available to a public Trust which held lands for educational purposes, and therefore, even if it was assumed that the lands belonging to the petitioner-Trust, it was no more entitled to exemption under the Ceiling Act. Thus, the question about the exemption stood concluded by the decision of this Court against the petitioner-Trust.