A
NATWARBHAI MAGAJNBHAI PATEL
v.
COLLECTOR AND ORS.
MAY 10, 1996
B
[K. RAMASWAMY, FAJZAN UDDIN AND G.B. PATTANAIK, JJ.]
Urban Land (Ceiling and Regulation) Act, 1976.
S. 10(5)-Excess vacant /and-Possession taken by Govem-
C ment-Compensation-Held, it is not a condition under the Act that payment
of compensation be made before utilisation of the land.
D
CIVIL APPELLATE JURISDICTION: Special Leave Petition (C)
No. 13088 of 1996 C.C. No. 2297 of 1996.
From the Judgment and Order dated 15.5.95 of the Gujarat High
Court in S.C.A. No. 4093 of 1995.
MJ. Trivedi and S.C. Patel for the Petitioner.
E
The following Order of the Court was delivered :
Delay condoned.
Counsel for the petitioner admits that a notification under Section
10(5) of the Urban Ceiling Act was published pursuant to which the excess
F vacant land was surrendered and taken possession of by the Government.
Consequently, the land stands vested in the State free from all the en-
cumbrances. In what manner the lands require to be utilised has been
regulated under the provisions of the Act. It is not a condition, under the
Act, that payment of compensation be made before utilisation of the land
G of which the petitioner was erstwhile owner. Under these circumstances,
we do not find any illegality in the order passed by the High Court in
Special Civil Appeal No. 4093/93 on May, 15, 1995.
The Special Leave Petition is accordingly dismissed.
R.P.
Petition dismissed.
646
Lex