VINODBHAI VALLABHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocate Mr. A.J. Patel on behalf of all the petitioners, learned GP Mr. A.D. Oza and learned AGP Mr. Manish Dugli appearing on behalf of respondents No.1 and 3, learned advocate Mr. M.D. Pandya appearing on behalf of respondent No.2. In this group of petitions, the challenge is made by the petitioners according to the prayer made in paragraph 6-A to direct the concerned respondents to issue a notification dereserving the lands of the petitioners under the Provisions of the Act and permitting them to develop the said lands in accordance with law, forthwith. On behalf of the respondent No.1 affidavit-in-reply has been filed. The brief facts of all the petitions are as under :-

(2.) The Vadodara Urban Development Authority had prepared and submitted his first development plan to the Government for sanction which was sanctioned vide Notification dtd.22.12.1983 which came into force with effect from 25.01.1984. In respect to the reservation made by the respondent No.2, the date of reservation is 25.01.1984. The statutory period of 10 years under Section 20(2) of the Gujarat Town Planning Act has expired on 24.01.1994. Thereafter, the legal notice Under Section 20(2) of the Town Planning Act has been served to the respondents on 16.10.1994 and thereafter, the period of six months, the lands in question is not acquired by the authority by agreement within a period of 10 years from the date of coming into force of the final development plan or if proceedings under the Land Acquisition Act, 1894 are not commenced within such period. Therefore, the legal notice has been served by the petitioners to the respondents. Thereafter, the land in question has been put in rereservation while exercising the power under Section 21 of the Gujarat Town Planning & Urban Development Act, 1976 on 22.12.1994 which is under challenge. Thereafter, VUDA had resolved to revise its development plan in its meeting No.119, resolution No.965 dated 30.12.1992. Accordingly, VUDA published its draft development plan in its meeting No.126, resolution No.1034 dtd.28.10.1993 for inviting suggestions and objections as per provisions of Sec.13 of the Act. The same resolution was published in extraordinary Govt. Gazette part-II dtd.11.11.1993 on page No.84,85 and in local news papers namely "GUJARAT SAMACHAR" dated 11.11.1993 on page No.19, "LOKSATTA" dated 11.11.1993 on page No.13 and "SANDESH" dated 11.11.1993 on page No.19. After receiving suggestions and objections VUDA proposed some changes in development plan proposals in its meeting, resolution No.115 dated 14.07.1994, 18.07.1994, 21.07.1994, 26.07.1994, 10.08.1994 and 14.10.1994. This resolution was published in Govt. Gazette dtd.20.10.1994 and in local news papers "GUJARAT SAMACHAR" dated 20.10.1994 on page No.10, "LOKSATTA" dated 20.10.1994 on page No.11 and in "SANDESH" dated 20.10.1994 on page No.3. Finally VUDA had submitted its revised development plan under Sec.16 of the Act on 22.12.1994.

(3.) The real controversy between the petitioners and respondents is that under Section 20(2) of Gujarat Town Planning and Urban Development Act which provide that if the land referred to any sub-section is not acquired by an agreement within a period of 10 years from the date of coming into force of the final development plan or if proceedings under the Land Acquisition Act,1894 are not commenced within such period, the owner or any person interested in the land may serve a notice on the authority concerned requiring it to acquire the land and if within six months from the date of service of such notice, the land is not acquired or no steps are commenced, nor it is acquired, the designation of the land as aforesaid shall deem to have lapsed.