LAWS(GJH)-1995-3-15

BHIKHUBHAI SHAMALDAS PATEL Vs. STATE OF GUJARAT

Decided On March 09, 1995
BHIKHUBHAI SHAMALDAS PATEL Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Heard learned Counsels for the parties. Rule. Learned Counsel for the respondents waive service of the Rule.

(2.) On the request of learned Counsel, this Special Civil Application is taken up for final hearing, today.

(3.) The petitioners claim to be the owners and occupants of the land bearing Survey No. 169/1-2-3 of Town Planning Scheme No. 23 of Acher village within the limits of Ahmedabad Municipal Corporation. In the year 1962, the intention of the Development Plan was declared and in pursuance thereof, the first Development Plan was issued in the year 1965 for a period of 10 years. The petitioners' land as aforesaid was reserved in the GREEN BELT with effect from 1st November 1965 and later on, the GREEN BELT was converted into the category of Public Housing. The lands were so reserved under Sec. 12(2) of the Gujarat Town Planning and Urban Development Act for Public Housing and the draft revised Plan was made effective from 15th September 1983. The ten years' period of reservation expired on 16th September 1993 and the land in question was not acquired by the Ahmedabad Municipal Corporation or the State Government by agreement or otherwise and the petitioners' case is that, no proceedings under the Land Acquisition Act had been commenced. The petitioners, therefore, served the notice under Sec. 20(1) of the Gujarat Town Planning and Urban Development Act, 1976, upon the Ahmedabad Municipal Corporation and the Ahmedabad Urban Development Authority, the respondent Nos. 2 and 4 respectively by registered post on 31st March 1994, calling upon them to take such proceedings. The said notice was served upon the respondents on 6th April 1994. A copy of the notice and the postal ackowledgment have been placed on record. The six months statutory period of notice under Sec. 20(2) also expired on 6th October 1994, but neither the land was acquired nor any steps were made to commence for its acquisition. Thus, in terms of Sec. 20(2), the designation of the land came to an end and the same had lapsed on 6th October 1994. The petitioners' grievance is that, despite this, in the part plan of redevelopment issued on 8th December 1994, the petitioners' land had been marked as "PH 43 Government" and the staff of the respondents Nos. 2 and 4 have threatened the petitioners to occupy this land. Aggrieved from this action on the part of the respondents, the petitioners have preferred this Special Civil Application under Art. 226 of the Constitution of India.