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2008 Supreme(SC) 510

S.H.KAPADIA, B.SUDERSHAN REDDY
Bhikhubhai Vithlabhai Patel – Appellant
Versus
State of Gujarat – Respondent


judgment

B. Sudershan Reddy, J. —

1.Leave granted.

2.This appeal by special leave is directed against the common judgment and order dated 10-15th November, 2006 of the Gujarat High Court at Ahmedabad in LPA No. 1453 of 2005 and Miscellaneous Civil application for Review No. 3165 of 2006 dated 14th February, 2007; whereby the High Court dismissed the cross-objections filed by the appellants in LPA No. 1453 of 2005. Essentially grievance in this appeal pertains to the dismissal of cross objections preferred by the appellants.

3.The Gujarat Town Planning and Urban Development Act, 1976 (for short the said Act) came into force with effect from February 1st, 1978. The State Government in exercise of its power conferred under the provisions of the Act constituted Surat Urban Development Authority (SUDA) which prepared a draft development plan whereby the lands belonging to the appellants were proposed for designating the use of the lands for residential purposes. The State Government having considered the draft development plan submitted by SUDA sanctioned the plan in the modified form on January 31, 1986 whereby the appellants lands in question were reserved for ‘education complex of South
































































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