NATVARLAL SANKALCHAND PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) After the litigation ended in the Supreme Court the State Government issued an addendum on December 16 1978 to the notification which was issued under sec. 6 of the Act as early as in 1960. By this addendum material changes were made in the notification under sec. 6 of the Act. By the first modification the expression Survey No. 146 (part) used in notification under sec. 6 of the Act to describe the land in question was changed and in its place the following expression was inserted;

(2.) Final plot No. 009 admeasuring 7967 sq. yds. The second modi- fication which was made was as follows the expression Ahmedabad City Dariapur-Kazipur was changed into Town Planning Scheme No. 8

(3.) There is no doubt or dispute about the fact that a large part of 7967 sq. yds. of land specified in the addendum formed a part of S. No. 146 (part) in respect of which notification under sec. 6 of the Act was issued. It is this addendum which is challenged in this petition by the petitioner- who is the son of original land owner. It has been argued by Miss V.P. Shah who appears on behalf of the petitioner that out of the total area of 9196 sq. yds of land in respect of which notification under sec. 6 of the Act was issued in 1960 the State Government now acquires only 6454 sq. yds and drops its intention to acquire the remaining area of the land. The has argued that to this area of 6454 sq. yds of land in regard to which the State Government has retained its intention to acquire the State Government has added a new area of 1513 sq. yds. which did not form a part of the land admeasuring 9196 sq. yds. in respect of which notification under sec. 6 of the Act was issued. This area of 1513 sq. yds. belonged originally to some other persons and not to the petiti- oner or his father but on coming into force of Town Planning Scheme No. 8 plots were constituted and while constituting the plots land adm- easuring 6454 sq. yds out of 9196 sq. yds of S. No.146 (part) and land admeasuring 1513 sq. yds belonging to other persons were constituted into one single plot which has been described as Final Plot No. 009 of Town Planning Scheme No. 8.