CHAMPAKLAL BECHARBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In Special Civil Application No. 1657 of 1988 there are 28 petitioners who own land of different survey numbers of village Ichhapur, Taluka Choryasi, District Surat. In other petitions also the petitioners are owners of land of different survey numbers. Except in Special Civil Application No. 3689 of 1988 and 8537 of 1989, the petitioners have challenged the variations and modifications made in the draft development plan of Surat Urban Development Area, and have also challenged the variations made in the draft development plan and the sanction given to the final development plan. These petitioners, in addition, have challenged the legality and validity of land acquisition proceedings initiated pursuant to notification under Sec. 4 of the Land Acquisition Act, 1894 dated 22/03/1987 and Notification under Sec. 6 of the Act dated 17/03/1988. In Special Civil Application No. 3689 of 1988 and 8537 of 1989 the challenge is confined to the land acquisition proceedings. Since common questions of law and facts arise, at the request, and with the consent, of the learned Advocates appearing for the parties, all these matters have been heard together and being disposed of by this common judgment and order.

(2.) The area in connection with which the development plan is prepared is known as Surat Urban Development Area, which comprises of 722 sq. kms. of land. It covers Surat city and other surrounding 148 villages. As per 1981 Census, the population covered by the plan is 10.44 lacs. In the year 2000 A. D. the population of the area is estimated to be about 24 lacs. These details are furnished by the learned Advocate General at the Bar on the basis of the record available with him and the same is not disputed or denied.

(3.) The draft development plan prepared under the relevant provisions of the Gujarat Town Planning and Urban Development Act, 1976 (hereinafter referred to as "the Act") was sanctioned by the Government on 30/01/1978. Objections were invited as provided under Sec. 13 of the Act on 7/02/1980. Upto the year 1985 no substantial progress was made. On 30/04/1985 the State Government suggested modifications in respect of the land belonging to the petitioners. In the draft development plan the land was earmarked in agricultural zone. The Government suggested that it should be reserved for GIDC housing and other related purposes. With this suggested variation, the final development plan was sanctioned on 31/01/1986. It was to come into effect on 3/03/1986. Within two days thereafter, i.e., on 5/03/1986 the Government proposed modification in the plan. The suggested modification is two fold : (1) The change of the purpose in relation to the land from GIDC housing to reservation for obnoxious and hazardous industries; (2) Other agricultural lands which were in the vicinity of the area are also included for the purpose of obnoxious and hazardous industries. Thus the modification is purpose-wise as well as area-wise. Purpose is changed from GIDC housing to obnoxious and hazardous industries. As regards area, there is substantial expansion of the area reserved for the purpose of obnoxious and hazardous industries. As per modification, the expanded area now would include GAM TALAV (village pond) and also GAM TAL (village site) land of village Ichhapur. In respect of this very land acquisition proceedings have been started by notification under Sec. 4 of the Land Acquisition Act, 1894 published on 22/03/1987. Notification under Sec. 6 of the Land Acquisition Act, 1894 has been issued and published on 22/03/1988.