Parbatsang Gulabsang Gadhvi And Anr. vs State Of Gujarat And 2 Ors. on 7 February, 2007
5. Mr. Ajmere, learned Counsel for the petitioners raised the first contention that the petitioners would be entitled to three units namely; two for major son and one for mother and in support of his submission, he relied upon the decision of the Apex Court in the case of Khachar Bhikhubhai Unadbhai and Ors. v. State of Gujarat and Anr. , wherein the decision of this Court in case of Patel Kalasana. was approved. He, therefore, submitted that the order passed by the Mamlatdar at the first instance on 26.2.1982, though permitted only two units and the petitioners were entitled to three units in view of the aforesaid decision, the order of the Assistant Collector of permitting only one unit vide order dated 31.3.1982 is ex-facie illegal and, therefore, if three units are considered or, in any case, two units are considered, no land will be required to be declared as excess and, therefore, this Court may take the view accordingly.