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2004 Supreme(Guj) 552

Gujarat High Court
Judgename :M.R.Shah
DEEPAKBHAI J.SHAH - Appellant
Versus
STATE OF GUJARAT - Respondent
S.C.A.17409 of 2003
Decided On : 08/31/2004

Advocates Appeared: M.D.PANDYA, S.B.Pandit, SHAILESH C.PARIKH

Headnote:

Gujarat Town Planning and Urban Development Act, 1976 - Land Acquisition Act, 1894 - Section 20 – Petition common question of law arises in all these matters Special Civil Applications are disposed of by this common judgment and order - It is the common submission on behalf of petitioners in each of petition that served notice of Act more particularly Act requiring respondents to acquire lands in question as a period of more than years has elapsed and after serving of notice of Act as within period of six months land was not acquired reservation in favor of respective public bodies has lapsed – Held, Judgment of Hon’ble Supreme Court of India in case of Mills Ltd concerned same will not be helpful to petitioners in case - In case before Hon’ble Supreme Court of India question with regard to service of notice only upon Area Development Authority and not serving notice upon authority concerned for whose purpose land in question is reserved has not arisen - Even in judgment question with regard to commencement of proceedings Land acquisition Act and taking steps for commencement for its acquisition has also not arisen and that was not question before Hon’ble Supreme Court of India had no occasion to consider two aspects and that was not issue before Hon’ble Supreme Court of India also - Rule is discharged (Para 22)

M. R. SHAH, J.

( 1 ) AS common question of law arises in all these matters, these Special Civil Applications are disposed of by this common judgment and order.

( 2 ) THE common question of law arises in all the aforesaid Special Civil Applications is with regard to interpretation of Section 20 of the Gujarat Town Planning and Urban Development Act, 1976 [hereinafter referred to as "the Act"] and also with regard to lapse of reservation under Section 20 of the Act.

( 3 ) SPECIAL Civil Application No. 17409 of 2003 is with regard to land bearing Survey No. 642, 643/1 and 654 situate at Village Kapurai, Taluka/district-Vadodara and the land is reserved under the Town Planning Scheme for Gujarat Housing Board [hereinafter referred to as "ghb"]. 3. 1. SPECIAL Civil Application No. 17410 of 2003 is with respect to land bearing Survey No. 333/2 situate at village Tandalja and the said land in question is reserved under the Town Planning Scheme for Gujarat Slum clearance Board [hereinafter referred to as "gscb"]. 3. 2. Special Civil Application No. 17416 of 2003 is in respect to land bearing Survey No. 645, Block No. 401 situate at Village Kapurai, Taluka and District Vadodara which is reserved under the Town Planning Scheme which has become final for the GHB. 3. 3. So far as Special Civil Application No. 17418 of 2003 is concerned, the said petition is in respect to land bearing Survey No. 240/1 situate at Village Atladra, taluka and District-VAdodara and the said land is reserved for GSCB under the town planning scheme which has become final. 3. 4. Special Civil Application No. 17420 of 2003 relates to land bearing Survey No. 644/2 situate at village Kapurai, Taluka and District-Vadodara which land is reserved for GHB under the town planning scheme which has become final. 3. 5. Special Civil Application No. 17422 of 2003 is relating to lands bearing Survey No. 328/1, 332/2 of block No. 275, Survey No. 326 and 327 of Block No. 261, and Survey No. 325 of Block No. 262/paiki situate at Village Bhayli, Taluka and District-Vadodara, which are reserved for GSCB under the town planning scheme which has become final.

( 4 ) IT is the common submission on behalf of the petitioners in each of the petition that the petitioners served notice under Section 20 of the Act more particularly, Section 20 (2) of the Act requiring the respondents to acquire the lands in question as a period of more than 10 years has elapsed and after serving of the notice under Section 20 (2) of the Act as within the period of six months the land was not acquired, the reservation in favour of respective public bodies has lapsed.

( 5 ) FOR the purpose of determination of the present special Civil Applications, following provisions of The gujarat Town Planning and Urban Development Act, 1976 are required to be considered :"sec. 2. Definition. In this Act, unless the context otherwise requires,__ (i ). . . . . . . . . (ii ). . . . . . . . . (iii) "appropriate authority" in relation to a development area, means an area development authority or an urban development authority, as the case may be; (iv) "area Development Authority" means an area development authority constituted under section 5 [and includes a local authority designated as such under sub-section (1) of Section 6 or Government Company designated as such under Section 6a]. Sec. 12. Contents of draft development plan. (1) A draft development plan shall generally indicate the manner in which the use of land in the area covered by it shall be regulated and also indicate the manner in which the development therein shall be carried out. (2) In particular, it shall provide, so far as may be necessary, for all or any of the following matters, namely :- (a) proposals for designating the use of the land for residential, industrial, commercial, agricultural and recreational purpose; (b) proposal for the reservation of land for public purposes, such as schools, colleges and other educational institutions, medical and public
























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