Natwarbhai Magainbhai Patel v. Collector and Ors.
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.
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