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2005 Supreme(Guj) 530

AKIL KURESHI
BHIKHUBHAI VITTHALBHAI PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: J.R.SHAH, K.B.TRIVEDI, M.N.UKANI, R.J.OZA, R.S.SANJANWALA, S.H.SANJANWALA, SANGITA VISHEN, U.I.VYAS, YATIN OZA

AKIL KURESHI, J.

( 1 ). Since factual and legal controversies arising in these petitions are common, both these petitions have been heard together and are being disposed of by this common judgment.

( 2 ) IN an order dated 24th February 2005, learned single judge of this Court had recorded that the matter will be heard finally on the next date i. e. 23rd March 2005 or any other subsequent date. Accordingly, these petitions were argued before me at considerable length by the learned advocates appearing for the parties.

( 3 ) IN these petitions, the petitioners who are the land owners of land situated at village Barthana-Vesu which is in the vicinity of Surat City have challenged the action of the government designating their lands for educational use.

( 4 ) FACTS in brief, which are not in dispute can be noted at the outset. The petitioners in these petitions are owning different parcels of lands in the above mentioned villages in the vicinity of Surat City. On 4. 8. 81, Surat Urban Development authority (SUDA for short) submitted a draft development plan to the State Government under section 16 of the Gujarat town Planning and Urban Development Act, 1976 (hereinafter to be referred































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