JUDGMENT :

R.M.CHHAYA, J

1. Feeling aggrieved and dissatisfied by the judgment and order dated 29.08.2018 passed by the learned Single Judge in Special Civil Application No.13731 of 2016, the State Authorities have preferred this appeal under Clause 15 of the letters patent.

2. The following facts in nutshell will be necessary to refer to based upon the record of this appeal. The respondents-original petitioners are owners and occupiers of land bearing survey nos.326 paiki 1 having block no.316, totally admeasuring 34 gunthas, situated at Mouje-Niyol, Taluka:Palsana, District-Surat. It is a matter of record that now the land in question is included in the area of Draft Town Planning Scheme No.54, (Niyol-Sedhav), Surat and as per draft Town Planning Scheme, the respondents-original petitioners have been allotted final plots and some portion of the land in question is forming part of the town planning scheme road as well.

3. The land in question was originally owned by one Kesarlattadevi widow of Madhusudan Guruvallabhdas and the same was cultivated by one Shri Ratanji Bhavanji as tenant. The record indicates that the tenant had deposited an amount of Rs.72.15 paisa in the name of the la