( 1 ) A common judgment, in this petition, and in group of petitions arising from Bhavnagar being Special Civil Applications Nos. 941 of 1980, 4210 of 1985, 2716 of 1998, 4153 of 1991, 4427 of 1992, 4733 of 1992 and 4847 of 1992, group of petitions arising from Surat being Special Civil Applications Nos. 8882 of 1999, 8885 of 1999, 6519 of 1998, 6461 of 1996 and a petition arising from Vadodara being Special Civil Application No. 3537 of 1998, is being passed.

( 2 ) IN this group of petitions arising from Bhavnagar, Surat and Vadodara, the petitioners in some of the cases, who are land owners, have claimed a declaration that the reservation of the lands belonging to them for educational purposes of University stand statutorily lapsed, entitling the land owners to use of those lands, for their benefit by development and construction, in accordance with other regulatory provisions of the Gujarat Town Planning and Urban Development Act, 1976 (for brevity, hereinafter referred to as `the Town Planning Act ).

( 3 ) WE shall take up first for decision the group of petitions arising from Bhavnagar in which common points have been urged, although, differently by the learned counsel appearing in those cases, on the provisions of the Town Planning Act.

( 4 ) THE present Special Civil Applications No. 10108 of 1994, 4210 of 1985 are petitions by the land owners, claiming a declaration that reservation of their lands by the Town Planning Authority lapses. Special Civil Application No. 2716 of 1998 is a public interest litigation. Special Civil Application No. 4427 of 1992 has been filed by the Bhavnagar University, seeking direction from this Court to the State Government and against the land owners that the lands in consideration deserve to be kept reserved for future need of the University. Special Civil Application NO. 4733 of 1992 is filed for the same purpose in support of the Bhavnagar University firstly by a Senate Member and a Student in a College affiliated to the University. Special Civil Application No. 941 of 1980 has been filed by Bhavnagar Municipal Corporation, claiming a direction against the Authorities and the land owners that the lands under consideration cannot be exempted under Section 20 and 21 of the Gujarat Urban Land (Ceiling and Regulation) Act, 1976 (for brevity, hereinafter referred to as `the ULC Act) which is now repealed in Gujarat by Urban Land (Ceiling and Regulation) Repeal Act, 1999 (for brevity, hereinafter referred to as `the Repealing Act, 1999 ). Special Civil Application No. 4847 of 1992 has been filed by two citizens of Bhavnagar as Public Interest Litigation, against the land owners, restraining them from developing the land and using the same for construction of houses for the alleged weaker sections of the society.

( 5 ) IN substance, the main challenge made on behalf of the land owners to the action of the State and its Authorities under the Town Planning Act, is that for the period much longer than ten years, the land reserved having not been acquired from the land owners under the provisions of Land Acquisition Act, 1894 (for brevity, hereinafter referred to as `the Acquisition Act) and failure of the Authorities to acquire it even after service of an express notice and within the prescribed period in accordance with sub-section (2) of Section 20 of the Town Planning Act, the designation or reservation of the lands lapses, entitling the land owners to a right to freely use the land in accordance with the general restrictions under the local laws.

( 6 ) SHORN of unnecessary details, factual background, briefly, may be stated as under:by a registered sale deed executed on 30-3-1971, the petitioner Palitana Sugar Mills Private Limited purchased land bearing Survey Nos. 469/1, 470/1, 471/2, 471/3 and 472 of village Vadva, Taluka and District Bhavnagar admeasuring about 930 acres and 4 gunthas from the family members of the erstwhile Ruler of Bhavnagar State.

( 7 ) A Develop