GULABRAO KESHAVRAO PATIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner is the owner of land bearing Final Plot No. 274 of Town Planning Scheme No. 4 at Navagam Taluka Choryashi District Surat. By filing this petition he has challenged the notification dated 21st October 1993 (Annexure-J to the petition) issued under Section 6 of the Land Acquisition Act by the State of Gujarat. By amending the petition he has also challenged the order dated 28th February 1994 (Annexure-K to the petition) passed by the Surat Municipal Corporation rejecting the petitioners application for granting him permission for development of the land under acquisition.

(2.) The Land Acquisition proceedings were initiated for acquiring land for circular road and parking so that on the eastern side of the railway station at Surat booking office and other facilities can be provided to the passengers. Considering the importance of the project and the fact that it is delayed for one or other reason at the time of admission of the matter the parties were directed to file necessary affidavits and the matter was adjourned repeatedly so as to enable the parties to file necessary affidavits. Thereafter at the request of learned counsel for the parties the matter is heard at length and is finally decided. FACTS

(3.) For deciding the contentions raised in this petition it would be necessary to refer to the facts which are brought on record. The chronology or the facts which is properly supplied by the learned Counsel for the petitioner is as under:- (1) The land is required for circular road and parking for the purpose of having booking office and for providing other facilities at Surat Railway station on the Eastern side. In the letter dated 8th October 1991 (Annexure-I to the further affidavit filed by Respondent No. 4-Surat Municipal Corporation) addressed by the Divisional Railway Manager Western Railway Bombay Central to the Municipal Commissioner Surat Municipal Corporation it has been stated that the master plan for providing appropriate booking office alongwith waiting hall and other facilities and passenger amenities have been made by the railway; sufficient approach road from Plot No. 447. i.e. South side and circulating area for car parking scooter stand and autorickshaw parking have also been shown in the same. By the said letter the Municipal Corporation was requested to proceed for getting the land vacated and providing approach road as well as the circulating area so that the station building alongwith the booking office can be planned by the railway. It was also pointed out that this can only be utilised when the approach road and circulating area space is available on the Eastern side. (2) On the basis of the said request made by the Western Railway by its resolution dated 27th February 1992 (Annexure-II to the affidavit in reply by respondent No.1) the Standing Committee of the Surat Municipal Corporation authorised the Municipal Commissioner to take appropriate action for acquiring the land bearing Final Plots No. 269 269 270 273 and 274 for the purpose of road and parking because of proposed railway station building either by agreement under Section 77 of the Bombay Provincial Municipal Corporations Act 1949 (for shortthe BPMC Act) or under Section 78 if by agreement the land cannot be acquired. (3) Thereafter the State of Gujarat passed a resolution dated 31st July 1992 to the effect that the aforesaid plots be acquired for Surat Municipal Corporation and the proposal of the Corporation under Section 7R of the BPMC Act was approved and sanctioned by the State of Gujarat. The said resolution is signed by the Under Secretary Urban Development and Urban Housing Department under the order and in the name of the Governor of the State of Gujarat. (4) Thereafter on 29th October 1992 the State of Gujarat published a notification under Section 4 of the Land Acquisition Act for acquiring the land by the Surat Municipal Corporation for road and parking for the purpose of public at large. The Special Land Acquisition Officer Branch No. 4. Surat was appointed for performing the functions of the District Collector for the purpose of acquiring the said land. (5) The petitioner filed objections under Section 5 of the Act pursuant to the notice received by him. The objections are produced alongwith the petition at Annexure-B. In the said objections it was inter alia contended that Surat Urban Development Authority has been constituted under the Town Planning and Urban Development Act by the Government of Gujarat and in the Development Plan prepared by it the land under acquisition was within the residential zone and so no reservation can be made for keeping the land for the alleged purpose of road and parking around the railway station. (6) The Special Land Acquisition Officer wrote letter dated 12th February 1993 to the Town Planner Surat Municipal Corporation that as soon as the draft town planning scheme is sanctioned by the State Government proceeding under the Town Planning Act becomes illegal and the land under the Town Planning Scheme can be acquired under the Scheme. However such land can be acquired for Government Government Departments or for Corporations like Gujarat State Road Transport Corporation and such other institutions. He therefore requested that under the Town Planning Act the land may be reserved for road and parking and for that appropriate sanction may be obtained from the Urban Development and Urban Housing Department of the State Government. (7) In response to the said letter the Director of Planning Surat Municipal Corporation wrote to the Special Land Acquisition Officer that the circular of the State Government and the decision of the Supreme Court is not applicable in the present case as the land is not reserved for any such purpose in the development plan for the area under the Town Planning Scheme. (8) Similarly the Municipal Commissioner Surat Municipal Corporation also wrote letter to the Additional Chief Secretary Urban Development and Urban Housing Department that the land is not reserved under the Town Planning Scheme therefore there is no question of variation of the T.P. Scheme He requested that the Collector be directed to proceed with the land acquisition proceedings at the earliest He also mentioned that the circular dated 20th June 1970 is not applicable to the sanctioned and finalised T.P.Scheme. (9) Thereafter the petitioner filed further objections dated 23rd February 1993 before the Deputy Secretary to Government Revenue Department the copy of which has been produced with the additional affidavit-in-rejoinder (10) Thereafter the Special Land Acquisition Officer submitted report under Section 5A of the Land Acquisition Act to the Stale Government. The translated copy of the said report is produced as Annexure-C to the petition wherein it is inter alia stated that Surat Municipal Corporation has received the sanction under Section 78 of the BPMC Act from the Urban Development Department Gandhinagar for the land in question In the Town Planning Scheme No 4 the land in question is included He further reported that as per the principles laid down by the Supreme Court once the Town planning scheme is sanctioned proceedings under the Land Acquisition Act are required to be stopped forth with He has also stated that the Government has sanctioned the town planning scheme and that the proposal for taking further proceedings under Section 6 of the Land Acquisition Act is also submitted and if necessary it may be sanctioned (11) Subsequently the Special Land Acquisition Officer Surat received a letter dated 12th July 1993 from the Section Officer Revenue Department State of Gujarat stating that the proposal for sanctioning the notification under Section 6 cannot be accepted in view of the circular dated 20 June 1970 issued by the Revenue Department and that once the town planning scheme is sanctioned by the Government proceedings under the Land Acquisition Act are to be closed forth with except in those cases where the lands are required to be acquired for the Corporations under the Government Government Departments except local bodies Municipal Corporations and Municipalities It is also stated that as soon as the Town Planning Scheme is sanctioned all those lands automatically vest in the local bodies He however stated that in the present case taking into consideration the objections submitted by the land holder and the legal position and the circular dated 20th June 1970 of the Revenue Department the Notification under Section 6 cannot be sanctioned Therefore the Special Land Acquisition Officer was requested to take necessary proceedings accordingly (12) Immediately the Special Land Acquisition Officer wrote a letter dated 15th July 1993 to the petitioner and informed him that the State Government has not accepted the proposal for publishing notification under Section 6 of the Land Acquisition Act. T.P. scheme has been sanctioned for the Land Acquisition Act has been closed. A copy of the said letter is produced at Annexure F to the petition. (13) The Land Acquisition Officer also informed the Municipal Corporation by letter dated 6.8.1993 that the State Government had not approved the Notification for acquiring the lands because of the Town Planning Scheme. That letter was received by the Municipal Corporation on 7.8.1993. Immediately the Commissioner of the Surat Municipal Corporation contacted the Additional Chief Secretary to take up the matter with the Revenue Department and also to issue Notification under Section 6 of the Land Acquisition Act; the Commissioner pointed out to the Addl. Chief Secretary that the Town Planning Scheme was already finalised much before the land acquisition proceedings were initiated. (14) Subsequently the Land Acquisition Officer Surat by letter dated 30.8.1994 informed the petitioner that the Government Revenue Department has directed to initiate further proceedings under the Land Acquisition Act and therefore the proceedings under the Land Acquisition Act are continued and letter dated 15.7.1992 stands cancelled. (Annexure Q to the petition) (15) On receipt of the said letter it is the say of the petitioners that: (a) they sent letter dated 20-9-1993 to the Land Acquisition Officer raising objection that the final decision has been taken and hence there was no justifiable ground to change the previous decision by simple letter and that they will take action considering that the decision of the Land Acquisition Officer communicated to them by letter dated 15.7.1993 was final (Annexure H to the petition); (b) they also wrote letter dated 29.9.1993 to the Minister Revenue Department protesting against the re-starting of the land acquisition proceedings; and (c) they received letter dated 30.9.1993 from the Land Acquisition Officer that the Notification under Section 6 of the Land Acquisition Act for acquiring the land has been forwarded to the Government and the land acquisition proceedings are not closed. (Annexure I). Finally Notification under Section 6 of the Land Acquisition Act was issued on 14.10.1993 for acquisition of lands for the public purpose of road and parking by the Surat Municipal Corporation (Annexure J to the petition). (17) The petitioners also contended that they had filed an application for development of the land on 22.3.1994. (AnnexureK). That application is not decided by the Surat Municipal Corporation. Hence this petition is filed on 15.2.1994. wherein it is prayed that:- (a) The decision of the appropriate Government conveyed by letter dated 30.8.1993 (AnnexureQ) to restart the acquisition proceedings in respect of the land bearing final plot No. 274 of the Town Planning Scheme No. 4 at Navagam Surat be quashed and set aside. (b) Notification under Section 6 of the Land Acquisition Act which is published on 21.10.1993 (Annexure J) in respect of the final plot No. 274 be quashed and set aside. (c) By amending the petition the petitioners have further prayed that the order passed by the Municipal Corporation on 28.2.1994 rejecting the application for development of their land be quashed and set aside. II CONTENTIONS: