MANJULABEN BHAILALBHAI PATEL Vs. VADODARA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) In all these three petitions the facts are identical and the grounds of challenge are also similarThe respondents are common in all the three petitionsWith the consent of the parties, these matters are, therefore, being disposed of by this common judgment. Arguments have been advanced by the Counsel for the parties with reference to Special Civil Application No3638 of 1995The petitioners in Special Civil Application No3638 of 1995 are the owners and occupiers of land bearing survey Nos144-1 and 144-2 situated in the sim of Manjalpur of District and Sub-District VadodaraThe lands of the petitioners are covered by the geographical limits and jurisdiction of Vadodara Urban Development Authority ('VUDA').

(2.) The Gujarat Town Planning and Urban Development Act, 1976 ('T.PAct' for short) is enacted in exercise of the legislative powers vested in the Gujarat State Legislature with the object of consolidating and amending the law relating to the making and execution of development plans and town planning schemes in the State of GujaratRespondent No1 - Vadodara Urban Development Authority - is constituted under the provisions of the TPActRespondent No2 - Gujarat Housing Board - is also a statutory Board constituted under the provisions of the Gujarat Housing Board Act.

(3.) It is not in dispute that the development plan was prepared by VUDA in the year 1983 and the said development plan was sanctioned by the Government of Gujarat vide notification NoGH/P/278 of 83 / DVP1280-4384 (83) L dated 22-12-1983 which was published in extraordinary Gazette at page No268 Part N. Bdated 23-12-1984The said development plan came into operation from 2 4/01/1984The lands of the petitioners are reserved in the sanctioned development plan for Gujarat Housing BoardIt is not in dispute that the lands of the petitioners could have been reserved for Housing Board under the development plan prepared by VUDA under Sec12(2)(k) of the TPAct.