AHMEDABAD URBAN DEVELOPMENT AUTHORITY Vs. MANILAL GORDHANDAS

JUDGEMENT

(1.) Leave granted

(2.) These appeals have been filed on behalf of the Ahmedabad Urban Development Authority for setting aside the order passed by the High Court of Gujarat dismissing the Letters Patent Appeals filed on behalf of the appellants, against the judgment of the Single Judge of the said High Court in deferent writ petitions. The writ petitions had been allowed saying that the sanction accorded by the Notification dated 12-8-1983, by the State of Gujarat in exercise of powers conferred on it by clause (c) of sub-section (1) of Section 17 of the Gujarat Town Planning and Urban Development Act, 1976, had lapsed after the expiry of period of 10 years and because of service of notice by the concerned land owners in accordance with sub-section (2) of Section 20 of the said Act, as during this period neither the lands in question were acquired by agreement nor proceedings under the Land Acquisition Act, 1894, were commenced.

(3.) The Bombay Town Planning Act, 1954, regulated the town planning activity within the area falling within the jurisdiction of the local authorities in the State of Gujarat including the Ahmedabad Municipal Corporation (hereinafter referred to as the "Corporation'). On 15-1-1976, the Corporation submitted a revised development plan to the State Government for the area falling within the limits of the Corporation for sanction of State Government. Section 7 of the Bombay Town Planning Act provides that the details of the proposal for designating the use of the land for the purposes such as (1) residential (2) industrial (3) commercial and (4) agricultural as well as proposals regarding designation of land for public purposes such as parks, play-grounds, recreation grounds, open spaces, schools, markets and for institutions should be indicated in the development plan. Section 8 prescribes, the particulars which have to be submitted to the State Government along with the development plan. In view of Section 9 within 2 months from the date of publication of the aforesaid development plan any member of the public has a right to communicate in writing to the local authority any suggestion relating to such plan which has to be considered at anytime before submitting the development plan to the State Government. On receipt of the development plan under section 8, the State Government under Section 10 can sanction such development plan including with modifications, if any. Such sanction shall be notified in official gazette and thereafter the development plan so sanctioned shall be called "the final development plan" which shall come into force on such date as the State Government may specify in the notification issued, The Corporation submits the development plan to the State Government for sanction on 15-1-1976. On 19-6-1976, the Gujarat Town Planning and Urban Development Act, 1976 (hereinafter referred to as the Gujarat Town Planning Act) was enacted, which came in force on 30-1-1978, and the Bombay Town Planning Act was repealed since that date. On 30-1-1978, itself in exercise of the power under Section 22, the Ahemadabad Urban Development Authority (hereinafter referred to as the AUDA) was constituted and the power to prepare development plan in respect of even the areas which were the part and parcel of the Corporation vested in AUDA since that date.