KESHAVJI DEVJI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) It is the case of the petitioners that they were holding agricultural land bearing Survey No.123 admeasuring 22 acres and 5 gunthas, which as per the petitioners, was in fact 23 acres and 15 gunthas. It is the case of the petitioners that the land was purchased by the petitioner No.1 from one Dhirubhai Maganlal Sutariya. As per the petitioner, on 3.9.1971 the land was partitioned and the petitioners amongst themselves got 7 acres of the land individually and the remaining land of 2 acres and 15 gunthas was kept as of joint ownership. It is also the case of the petitioners that the exemption was obtained under Section 20 of the Urban Land (Ceiling and Regulation) Act, 1976. In the meantime, the Town Planning Scheme was brought into force in the year 1979 and in the said Scheme the original area admeasuring 23 acres and 15 gunthas belonging to the petitioners was shown as Plot No.46 admeasuring 89537 sq. mtrs in T.P. Scheme No.1 and it was reconstituted and divided into Final Plot No.64 admeasuring 2380 sq. mtrs, Final Plot No.68 admeasuring 13551 sq. mtrs, Final Plot No.90 admeasuring 10699 sq. mtrs and Final Plot No.93 admeasuring 30050 sq. mtrs, totalling 63680 sq. mtrs and the remaining area has gone in reservation. The T.P. Officer has also fixed the compensation and against the decision of the T.P. Officer the appeal is preferred before the District Court, Jamnagar under Section 54 of the Act.

(2.) After the preliminary scheme was sanctioned and the decision was taken by the T.P. Officer, when the respondent No.3 Corporation issued notice for enforcement of the Scheme (Annexure "D"), the petitioners have approached this Court by preferring the present petition.

(3.) It may be recorded that earlier this petition came to be disposed of as per the order dated 15.4.1991 passed by the Division Bench of this Court. Thereafter the Misc. Civil Application being No.973 of 1991 for restoration was filed by the applicant, which came to be dismissed vide order dated 16.8.1991 of the Division Bench of this Court since the earlier order was after examining the merits of the case. However, in the appeal before the Apex Court in Special Leave Petition No.1-2 of 1992 vide order dated 22.7.1996, the order dated 15.4.1991 and the order dated 26.8.1991 of this Court were set aside and the matter was remanded to this Court for consideration on merits and hence the matters are placed for hearing before this Court.