BHARTIBEN PRABHATSINH PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petition is required to be heard and finally disposed of in light of the limited controversy between the parties. Rule. Learned Advocate appearing for the respective respondents are directed to waive service.

(2.) THE petitioner is the owner of land bearing survey No. 313/1/2 paiki admeasuring 3274 sq. mts. By Notification No. GH/v/146/1989/dvp-3288-2442-89 dated 21. 8. 1989, which became effective from 25. 7. 1989, the land in question was placed under reservation in exercise of powers under the provisions of The Gujarat Town Planning and Urban Development Act, 1976 (the Act), for the purpose of School. Admittedly, after the said Notification no steps have been taken by the respondent Authorities for acquiring the land in question.

(3.) THE case of the petitioners is that as more than a period of 17 years elapsed, the petitioners served notice u/s. 20 (2) of the Act being notice dated 8. 9. 2002. That in spite of notice having been served on respondent Authorities, no steps have been taken as required by the provisions of the said section and as the statutory period of six months has elapsed, the land is required to be declared to be free from reservation. The learned Advocate invited attention to provisions of section 20 (2) of the Act to emphasise the aforesaid submission.