STATE OF GUJARAT vs MALIBEN NATHUBHAI(D) TR.LRS

The Supreme Court held that under the Urban Land (Ceiling and Regulation) Act, 1976, Balubhai, as the sole surviving son, was entitled to declare the land as surplus under Section 6(1) without claims from his sisters, Gangaben and Maliben, who did not contest the declaration. The Court affirmed the validity of the Competent Authority's order under Section 8(4) and the subsequent possession taken by the State under Section 10(5), concluding that Balubhai's inaction in appealing the Tribunal's decision indicated acceptance of the surplus designation. The appeal was dismissed, upholding the State's actions regarding the surplus land.