R. SUBHASH REDDY, J.

1. This Misc. Civil Application is filed under the provisions of/the Contempt of Courts Act, 1971, to punish the opponents, who are committing the contempt of court for violation of order of this Court dated 21.12.2015 passed in Special Civil Application No. 2827 of 1998 and to purge the contempt forthwith.

2. Special Civil Application No. 2827 of 1998 was filed under Article 226 of the Constitution of India by the applicants-original petitioners with the prayers, which read as under:

“31 (A) to direct the respondents to issue notification for dereserving the land of the petitioners bearing Survey No. 109 situated at Nagarwada in the city of Vadodara under the provisions of the Act and permit the petitioners to develop the said land in accordance with law.

31 (B) to quash and set aside the notification dated 11/11/1994 for again re-reserving the land of the petitioners bearing Survey No. 109 for the purpose of Botanical Garden for M.S University.

31(C) … … …”

3. Necessary facts, in brief, for disposal of this application are as under:

3.1 The applicants are owners of land bearing survey No. 109 situated in Nagarwada area of city of Vadodara. The land belonging to the petitioners is situated within the notified area of Vadodara Urban Development Authority (“VUDA” for short). For the local area of VUDA, a development plan was prepared under the provisions of Bombay Town Planning Act, 1954 and the said development plan was sanctioned by the State Government under the provisions of Bombay Town Planning Act on 21.09.1970 and the said development plan came into force with effect from 01.12.1970 Gujarat Town Planning and Urban Development Act, 1976 (“the Act” for short) came into force with effect from 01.02.1978 Under the provisions of the Act, Vadodara Urban Development Authority came to be constituted. VUDA prepared and published draft development plan on 17.05.1979 which was approved by the State Government vide notification dated 22.02.1983 It is relevant to notice that in the final development plan so sanctioned, the land of survey No. 109 admeasuring 10724 sq. mtrs. was reserved under Section 12(2)(k) of the Act for the botanical garden of M.S University, the 4th opponent herein.

3.2 Though the land of the applicants referred above was reserved in the development plan for the purpose of botanical garden of M.S University, the same was not acquired either under the provisions of Land Acquisition Act or by entering into an agreement with the owners.

3.3 Record indicates that steps were taken by the respondents in the development plan of the year 1993. VUDA issued notice for the revised development plan on 11.11.1993 vide resolution dated 20.10.1993 inviting objections and suggestions from the public at large. It is the case of the applicants that they have filed objections on 7.1.1994 and the revised development plan was published as provided under Section 15 of the Act on 20.10.1994, which was submitted to the State Government and ultimately, the revised final development plan came to be sanctioned by the State Government vide notification dated 25.10.1996 and the same came into force with effect from 26.11.1996 In the revised development plan also, the land in question was again reserved for the purpose of botanical garden for M.S University. In the revised development plan notified in the year 1996, when the land was again reserved for M.S University, the applicants herein approached this Court by filing the writ petition.

3.4 During the pendency of the proceedings in the petition before this Court, it appears that another notification dated 18.01.2012 was issued for revising the development plan again. When the land was not dereserved, without taking necessary steps for acquisition within the statutory period, the petition was filed, which was contested by the respondents. Various allegations made by the applicants in the petition were denied by the opponents.

3.5 The learned Single Judge, taking note of