IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No. 955 of 2017
DILAVARSINH KHODUBHA (SINCE DECEASED) REPRESENTED THR. BALABHADRASINH NIRUBHA JADEJA …APPELLANT
VERSUS
THE STATE OF GUJARAT & OTHERS …RESPONDENTS
O R D E R
1. This civil appeal arises out of proceedings initiated by the
Competent Authority and Additional/Deputy Collector, Urban Land
Ceiling, Rajkot, Gujarat, the second respondent, under the Urban
Land (Ceiling and Regulation) Act, 19761. The judgment and order
dated 4th May, 2015 passed by a Division Bench of the High Court of
Gujarat at Ahmedabad dismissing the appellant’s Letters Patent
Appeal2, on remand ordered by this Court, is under challenge before
us.
2. It is not in dispute that pursuant to the Urban Land (Ceiling and
Regulation) Repeal Act, 19993, notification dated 6th October, 1997
has been issued by the State of Gujarat. In terms thereof, the 1976
Act is no longer operative in the State with effect from October 6,
1997. Having regard to the provisions of the 1999 Repeal Act, the
proceedings under the 1976 Act would abate automatically unless,
1 the 1976 Act 2 No.225 of 1994 3 the 1999 Repeal Act
1
of course, actual possession of the vacant land, which has vested, is
taken over by the competent authority prior to the 1999 Repeal Act
coming into force. While much would depend on the factual
determination of the question as to whether...