(PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA)

1. By this application under Article 226 of the Constitution of India in the nature of a Public Interest Litigation, the petitioner, an Association of Farmers, namely, Vadodara Shaheri Jilla Khedut Mandal, residing and carrying on agricultural operations within the territorial limits of Vadodara Urban Development Authority (VUDA) seeks to challenge the constitutional validity of various Notifications issued by the Government of Gujarat, and the resolutions passed by VUDA in exercise of powers under the provisions of the Gujarat Town Planning & Urban Development Act, 1976.

2. Case of the Petitioner :

2.1 According to the petitioner, the State of Gujarat with an object to consolidate and amend the law relating to the preparation and execution of the development plan and Town Planning Schemes within the State enacted an Act No.27 of 1976 known as The Gujarat Town Planning & Urban Development Act (for short The Town Planning Act). The Town Planning Act enjoins a duty upon the development authority to prepare a development plan under the Act and also to prepare and execute the Town Planning Schemes if so directed by the State Government.

2.2 The development plan prepared under the Town Planning Act is a Macro Planning, whereas the Town Planning Schemes are Micro Planning.

2.3 The Section 12 of the Town Planning Act provides for the reservation of land for various public purposes. Any land which is reserved for a public purpose U/s.12 of the Town Planning Act cannot be developed by the owner or occupier of the land. Such land is necessarily required to be acquired by the authority for a public purpose within a period of 10 years as contemplated by Sec. 20 of the Town Planning Act.

2.4 The failure on the part of the Authority to acquire the land within the stipulated period of tenure from the date of coming into operation of the Development Plan would give a right to the holder of the land to issue a notice to the Authority to release the land from being acquired.

2.5 The Sections-40 to 76 of the Town Planning Act provides for framing and implementation of the Town Planning Schemes. Sec.40 makes provision for reservation of the land for a public purpose. Similar provisions are made for the development plan.

2.6 According to the petitioner, upon sanctioning of the Draft Town Planning Scheme or Preliminary Town Planning Scheme by the Government, the land reserved for all public purposes would automatically vest with the concerned authority and the owner and occupier of such land continues to remain only as an occupier of the reconstituted plot allotted to him under the scheme.

2.7 The Section 12(M) of the Act, further provides for controlling and regulating the user and development of the land. Similar provisions are contained in Sec. 13(2)(c) of the Act empowering the authority to frame regulations for controlling the development of the land covered by the Development Plan.

2.8 It is the case of the petitioner that the Government of Gujarat issued a Notification dated 30/1/1978 appointing 1st February, 1978 as the date with effect from which the Town Planning Act shall come into force. The said notification was published in the Official Gazette on 23/2/1978.

2.9 The Section 22 of the Town Planning Act confers power upon the State Government to constitute the Urban Development Authority for a particular area in certain circumstances. Section 22(2) of the Town Planning Act provides for issuance of Notifications prescribing the limits of the area of urban development.

2.10 The Section 23 provides for power and functions of the Urban Development Authority. Sec.23(2) of the Town Planning Act provides for the delegation of powers by the Urban Development Authority to any local authority or authorities functioning within the geographical area of the development authority.

2.11 The Government of Gujarat, vide Notification dated 30/1/1978 and published in the Official Gazette on 23/2/1978 c