ROTARY CLUB OF AHMEDABAD v. COMPETENT AUTHORITY & DEPUTY COLLECTOR (ULC)
Case at a glance
Outcome
Disposed of
petition is disposed of as abated
Provisions considered
- Constitution of India arts. 226, 227
- Repeal Act, 1999
Judgment
CORAM : MR.JUSTICE B.J.SHETHNA Date of decision: 01/08/2002 ORAL JUDGEMENT
1.(cid:9)The petitioner - Rotary Club has filed this petition under Articles 226 and 227 of the Constitution of India and prayed that the impugned order [Annexure-A] dated 26th February, 1990 and impugned judgment and order [Annexure-B] dated 23rd March, 1992 be hereby quashed and set aside. This petition was straightway admitted on 2nd April, 1993 by the learned single Judge of this Court and ad-interim relief in terms of para 9(C) was granted, which is operating till today, whereby the impugned orders at Annexure-A and B have been stayed.
2.(cid:9)During the pendency and final disposal of this petition, the Urban Land (Ceiling & Regulation) Act, 1976 has been repealed by the Urban Land (Ceiling & Regulation) Repeal Act, 1999, which has come into force. In view of the Repeal Act, 1999, this petition does not survive and all the proceedings initiated under the Urban Land (Ceiling & Regulation) Act, 1976 in respect of the land in question stand abated and this petition has to be disposed of, as having been abated.
3.(cid:9)In the instant case, there is no dispute about the possession of the land in question. As a matter of fact, there has been construction on the land in question, which is found from the impugned orders itself as well as averment made in this petition, which have remained uncontroverted. No reply affidavit is filed in the matter so far, though the matter is pending since last 9 years. Therefore, no order is required to be passed regarding the possession.
Operative part
4.(cid:9)In view of the above discussion and in view of the Repeal Act, 1999, which came into force, this petition is disposed of as abated. Ad-interim relief, if any, granted earlier stands vacated. Rule is discharged. No order as to costs.
[B. J. SHETHNA,J.]
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: petition is disposed of as abated
Which statutory provisions did this judgment involve?
Constitution of India — arts. 226, 227; Repeal Act, 1999.
Which court decided this case, and when?
Gujarat High Court, on 01 Aug 2002. The bench was B SHETHNA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.