BHIKHUBHAI VITHLABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave is directed against the common judgment and order dated 10-15th November, 2006 of the Gujarat High Court at Ahmedabad in LPA No. 1453 of 2005 and Miscellaneous Civil application - for Review No. 3165 of 2006 dated 14th February, 2007; whereby the High Court dismissed the cross-objections filed by the appellants in LPA No. 1453 of 2005. Essentially grievance in this appeal pertains to the dismissal of cross objections preferred by the appellants.

(3.) The Gujarat Town Planning and Urban Development Act, 1976 (for short "the said Act") came into force with effect from February 1st, 1978. The State Government in exercise of its power conferred under the provisions of the Act constituted Surat Urban Development Authority (SUDA) which prepared a draft development plan whereby the lands belonging to the appellants were proposed for designating the use of the lands for residential purposes. The State Government having considered the draft development plan submitted by SUDA sanctioned the plan in the modified form on January 31, 1986 whereby the appellants' lands in question were reserved for "education complex of South Gujarat University". The final development plan was accordingly brought into force with effect from March 31, 1986. Neither the Area Development Authority nor the Authority for whose purpose land has been designated in the final Development Plan initiated any steps to acquire the lands of the appellants. The appellants having waited for a period of 10 years from the date of coming into force of the final development plan got served a notice on the Authority concerned requiring it to acquire the land within six months from the date of the service of such notice. However, no steps were taken by any of the authorities proposing to acquire the lands. Instead SUDA in purported exercise of its power under Section 21 of the Act sought to revise the development plan by reserving the lands in question once again for education complex of South Gujarat University.