VITHALBHAI RANCHHODBHAI PATEL Vs. AREA DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) PETITIONERS have in the present petition prayed for a declaration that land bearing Survey No.266/4/1 of Patlad is not reserved land from January 1995. They have prayed for a further direction that respondents shall permit the petitioners to develop the said land in accordance with law.

(2.) FROM the averments on record it emerges that land bearing S.No.266 was sub -divided into sub -plots bearing S.Nos.266/4, 266/4/1 and 266/4/2. Sub -plot No.266/4/1 was reserved for public purpose, namely, that of public garden in the Town Planning Scheme No.2, which became final on 30.9.1978. It is the contention of the petitioners that the respondents had to acquire the said land within the time prescribed under Section 20 of the Gujarat Town Planning Act ('TP Act' for short) and since no steps have been taken to initiate proceedings for acquisition of the said land for more than ten years after the same was reserved for public purpose, said reservation should be treated to have lapsed.

(3.) FROM the affidavit in reply filed by the respondents it becomes clear that the petitioners who were the original owners of S.No.266 were allotted final plot Nos.266/4 and 266/4/2 in lieu of their original plot and final plot No.266/4/1 was allotted to appropriate authority in the Town Planning Scheme which was finally sanctioned by the Government. It is, therefore, contended that provisions of Section 20 read with Section 12 of the TP Act which apply to a development plan cannot be made applicable to the present case.