VIMLABEN SOMABHAI Vs. VADODARA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) By means of this petition, the petitioners have sought for a declaration that the reservation of the land of the petitioners bearing survey no. 122 admeasuring 1 Acre 3 gunthas and survey no.123 admeasuring 1 Acre 23 gunthas reserved under the final development plan prepared by the respondent no.1 Vadodara Urban Development Authority (VUDA for short) and sanctioned by the respondent no. 3 State Government under section 17 of the Gujarat Town Planning and Urban Development Act, 1976 (hereinafter referred to as the Act) lapses and the lands of the petitioners are no more under reservation and for a direction to the respondents to treat the reservation of the land of the petitioners stated above reserved under the final development plan of by VUDA sanctioned by the State Government as having lapsed and de-reserved and not coming in the way of the petitioners to develop the said land on the basis that there is no reservation on the said land and for a direction to the respondents not to re-reserve the land under purported exercise of the powers under section 21 of the Act and putting the same land of the petitioners under reservation for Gujarat Housing Board being illegal, ultra vires and malafide and to treat the re-reservation as not effective and permit the petitioners to develop the land as if there is no reservation.

(2.) The petitioners are the owenrs of survey no. 122 admeasuring 1 Acre and 3 gunthas and survey no.123 admeasuring 1 acre and 23 gunthas. The said lands were reserved under final development plan prepared by the VUDA and sanctioned by the State Government under section 17 of the Act. The said development came into force from 25/01/1984 and the period of 10 years expired on 25.1.1994. The petitioners asked the respondent nos. 1 and 2 either to acquire the lands under Land Acquisition Act or by private negotiations, but they have not done anything so far. Since the period of 10 years after final development plan is over, the petitioners served a statutory notice under sub-section (ii) of section 20 of the Act to the respondent nos. 1 and 2 on 23/01/1997. Even within the period of six months from the date of service of notice to the respondents, the respondents have not acquired the land or have not taken any steps for acquiring the afoersaid land for the public purposes as mentioned in the final development plan. The authorities have again reserved the lands of the petitioners for the same purpose by issuing another draft development notification. Hence, that draft development notification is illegal in view of the statutory provisions of law. Hence, the petitioners have filed the present petition with the above prayers.

(3.) Affidavit-in-reply has been filed by the respondent no. 2 Gujarat Housing Board wherein it is stated that the land in question was reserved for public purpose for the Gujarat Housing Board in the earlier development. Gujarat Housing Board has taken steps for acquisition of the land under the provisions of the Land Acquisition Act from the year 1986. The Executive Engineer of the Board prepared and sent a proposal for the acquisition of the said land after making survey of the land by a letter dated 27/10/1986 to the Superintending Engineer, Vadodara. The said proposal, after making clarification of finalising the proposal was sent to the Housing Commissioner, Gujarat Housing Board. It was clarified that certain aspects which were required by the Collector for acquisition proceedings were proposed. The Housing Commissioner sent a proposal for the acquisition to the Collector and the Collector forwarded the same to the Special Land Acquisition Officer by a letter dated 20/03/1990. The Special Land Acquisition Officer returned the said proposal to the Housing Commissioner requiring the Board to submit acquisition proposal in 5 separate sets so that each such set of proposal should not contain more than five survey numbers. The Special Land Acquisition Officer further required the Board to submit copies of the village form no. 7/12, 6 and 8/A alongwith land plans, demarcation certification, joint measurement sheet, no objection certificate from the District Social Welfare Officer. If the land under proposed land acqusition belonged to any Harijan, no objection certificate from the Chief Executive Officer, VUDA, Payment of valuation fees, resolution of the Gujarat Housing Board requesting the Special Land Acquisition Officer to acquire the land in question and undertaking for payment of cost of acquisition and sufficiency of funds for the said acquisitiobn and other matter. The Special Land Acquisition Officer directed that no objection certificate of the Competent Authority, Urban Land (Ceiling) should also be submitted by the Gujarat Housing Board. Thereafter, by a communication dated 17/05/1990, the Executive Engineer, Gujarat Housing Board sent a letter to the Chief Executive Officer to issue urgently no objection certificate in respect of the land in question. The Executive Engineer also sent a letter to the Talati of Sevasi village to issue copies of village form nos. 7/12, 6 and 8A in respect of 98 survey nos. sought to be acquired and also to furnish particulars of Harijans owning any land covered in the acquisition proposal.The Executive Engineer also addressed a letter dated 17.5.1990 to the Competent Authority and Additional Collector, ULC to immediately issue no objection certificate in respect of the land for which the process of acquisition was in progress. The Executive Engineer by his communication dated 8.4.1992 sent all necessary documents required by the Competent Authority, ULC and requested that no objection certificate be issued to the Gujarat Housing Board at the earliest so that the acquisition proceedings can be taken soon. The officers of all the offices of Executive Engineer have repeatedly personally contacted the Competent Authority and requested him to give no objection certificate and personally submitted on 6.8.1992 and 12.8.1992, copies of some documents which were earlier submitted and not traceable in the office of the Competent Authority. Hence, the Competent Authority was requested again to give no objection certificate at the earliest. The Competent Authority despite several efforts made by the Gujarat Housing Board did not send no objection certificate regarding the land in question within time. During that time, final development plan dated 25/01/1984 came to an end on 25/01/1994. Thereafter, revised development plan was again submitted showing reservation of the said land for the public purpose of Gujarat Housing Board. A notification about the said development plan was published on 20th October, 1994 under section 15 of the Act and after the final revised development plan, having been sanctioned by the State Government and coming into force with effect from 26.11.1996, efforts for urgent acquisition of the land were started. The Competent Authority, ULC was reminded again and again by the Executive Engiener to immediately send no objection certificate so that acquisition proceedings can go on. Ultimately, by a reminder dated 25/07/1997 again the Competent authority was reminded to send no objection certificate for the purpose of stating acquisition proceedings of the land in question. The Executive Engineer was informed by the Additional Engineer that only after the receipt of no objection certificate from the Competent Authority, ULC, the acquisition proceedings can go further. The Chief Engineer of the Board by his leter dated 19/08/1997 pointed out to the Section Officer of the Government Department that unless no objection certificate under the provisions of ULC is received by the Housing Board, the acquisition proceedings cannot go further as the same is required by the Special Land Acquisition Officer. For the purpose of starting acquisition proceedings and requested him for doing the needful in the matter. The Competent Authority, ULC vide order dated 30/09/1997 required the Executive Engineer to furnish particulars of survey nos. of the village Sevasi forming zones of Vadodara Urban Development Plan so that he can forward proposal for no objection certificate to the Government. BY a communication dated 2/10/1997, the Executive Engineer requested the Talati of the village to send copies of the village form nos. 7/12 of all survey numbers under the proposed acquisition. The Executive Engineer, addressed a letter dated 27/10/1997 to the District Inspector of Land Records requesting to give plans showing blockwise zones of the consolidated survey numbers of the village concerned. Thereafter, by a communidation dated 29/01/1999, the Executive Engineer submitted the land plan showing block numbers to the Deputy Town Planning Officer and requested him to give no objection certificate of zone survey regarding lands proposed to be acquired for the purpose of starting acquisition proceedings of the land in question. By a letter dated 23/03/1999, the Executive Engineer sent a check for Rs. 7850.00 to the Deputy Town Planning Officer as fees for no objection certificate and zone certificate. The Executive Engineer sent a communication dated 13.6.1999 requesting the District Social Welfare Department to issue no objection as some Harijan owned a land proposed to be acquired and requested him to issue the said certificate at the earliest. The Chief Executive Officer, VUDA vide his letter dated 8.9.1999 sent to the Executive Engineer requiring no objection certificate and zone certificate and thereafter the District Backward Welfare Officer vide his letter dated 7.8.2000 informed the Executive Engineer that no objection certificate cannot be issued for the purpose of acquisition of land as some of the lands is owned by Harijans and they are cultivating the same. Ultimately, the Executive Engineer by his communicated dated 3.4.2000 submitted to the Collector, Vadodara, a proposal for acquisition of the land in question alongwith necessary documents in compliance with the requirement of the Special Land Acquisition Officer and requested him to forward the same to the Special Land Acquisition Officer. He by his letter dated 15.5.2001 returned the said proposal for acquisition to the Executive Engineer requiring him to send no objection certificate from the concerned Taluka Panchayat; no objection certificate from the competent authority, ULC and no objection certificate from the concerned authority if electric line is passing over the land in question, the agreement in triplicate for the acquisition of the land, certificate from the District Health Officer and no objection certificate from the municipal authority and certificate from the Gujarat Housing Board regarding availability of sufficient fund, demarcation certificate, certificate to the effect that thelands in question are open and without encroachment, no objection certificate from Social Welfare Department etc. The Executive Engineer vide his letter dated 18.6.2001 requested the District Health Officer to give a fresh no objection certificate. Fresh certificate was alsorequired by the Special Land Acquisition Officer. The Executive Officer addressed a letter dated 3.7.2001 to the Land Acquisition Officer giving detailed explanation regarding all the requirements set out in the letter dated 15.5.2001 and re-submitted the acquisition proposal. The Special Land Acquisition Officer vide his letter dated 5.9.2001 again returned the aforesaid proposal to the Executive Engineer of the Board to comply with further requirements mentioned therein. The Executive Engineer by a communication dated 26.12.2001 sent a letter to the Special Land Acquisition Officer explaining with regard to each of the said requirement and submitted the proposal once again. All the communications starting from 198 6/12/2001 to show that Gujarat Housing Board has taken all necessary steps to acquire the land in question.