7.�Now, coming to the contention regarding ULC
proceedings, it may be noted that, according to the
authorities, the proceedings under the provisions of the
ULC Act on basis of a form filled in by the deceased were
over and the land vested in the Government and that the
deceased, therefore, could not have bequeathed this
property to the petitioner, it may be noted, in this
regard, that the Will was made in 1983, i.e. prior to
ULC proceedings. The ULC proceedings in respect of form
filled in by the deceased were in progress and pending
the appeal, the testator expired. He expired on
22.5.1985 and the appeal was decided on the 26th
September, 1988, i.e. after the impugned entry was made.
On basis of the impugned entry, the petitioner filled in
Form No.I under Section 6(1) of the ULC Act. Ignoring
that form, the earlier proceedings were continued and her
form was ordered to be filed. That order was carried
before the Urban Land Tribunal, which accepted the case
of the petitioner. The said order was challenged by the
State of Gujarat before this Court and this Court that
the impugned order stood abated by virtue of the Urban
Land (Ceiling and Regulation) Repeal Act, 1999. In this
regard, it requires to be noted that in the proceedings
relied upon by the respondent authorities in support of
form filled in by the testator, Section 10(3)
notification dated 8.11.1988 was published in the Gazette
on 8.12.1988. Against this, the entry was made on
1.9.1988 and was certified on 12.10.1988 by virtue of
which the property was mutated to the petitioner and,
therefore, the case of the respondent authorities cannot
be accepted and the action cannot be supported.
