JUDGMENT :

R.M.CHHAYA, J.

1. Feeling aggrieved and dissatisfied by the judgment and order dated 16.7.2014 passed by the learned Single Judge in Special Civil Application no.3992 of 2013, the appellant – original petitioner has preferred this appeal under Clause 15 of the Letters Patent.

2. Following noteworthy facts emerge from the record of the appeal:-

2.1 That, the appellant herein is an owner and occupier of the land bearing survey no.582/1 and 582/2, situated at Vadodara. The appellant purchased the land in question by two different registered Sale Deeds executed on 7.2.2012 from the original owners – Pirojsha Pestanji Contractor and others. The land in question is developed and 6 constructed bungalows and 29 plots exist on the land in question. The land in question is situated within the city limits of Vadodara and is within the area of Vadodara Urban Development Authority (hereinafter referred to as “VUDA” for the sake of brevity). VUDA came to be constituted under the provisions of the Gujarat Town Planning and Urban Development Act, 1976 (hereinafter referred to as “the Act” for the sake of brevity) on 1.2.1978. VUDA thereafter published a Draft Development Plan as provided under Section 13 of the Act, wherein the land in question was reserved for Local Commercial Center for the benefit of Vadodara Municipal Corporation. The original owner raised objections before VUDA on 4.8.1980. Ultimately, the State Government, in exercise of powers conferred under Section 17 of the Act, sanctioned the Draft Development Plan of VUDA on 22.12.1983. It is a matter of fact that no steps were taken to acquire the land in question. VUDA thereafter again published Revised Draft Development Plan on 11.11.1993, wherein also, the land in question was reserved for Local Commercial Center by Vadodara Municipal Corporation. VUDA invited objections as provided under the Act and the Gujarat Town Planning and Urban Development Rules, 1979 (hereinafter referred to as “the Rules” for the sake of brevity). The original owner submitted objections on 19.12.1994. Upon considering the same, the State Government sanctioned the Revised Draft Development Plan on 25.10.1996. On 26.11.1996, the State Government sanctioned Revised Development Plan with one modification that the State Government deleted the reservation in respect of land admeasuring about 6000 sq. mtrs. of survey no.582/2-1 Part covered by bungalows no.118 and 119.

2.2 Record indicates that thereafter, vide notification dated 23.11.2006, VUDA again published Revised Draft Development Plan, wherein the land in question was reserved for institutional use by Vadodara Municipal Corporation and parking zone under Section 12(2)(o) of the Act. Pursuant to a public notice issued, the original owner also filed objections on 21.11.2007. The land owners also made a representation to the Urban Development Minister of the State of Gujarat on 21.9.2011 and also contended that the reservation lapsed as per Section 20(2) of the Act.

2.3 The objections which were raised were also subject matter of a Writ Petition filed by the original owners being Special Civil Application no.16159 of 2011, wherein a specific plea of non-hearing was taken and this Court, vide order dated 21.10.2011, disposed of the said Writ Petition while observing that the representation made by such person be considered before finalizing or taking final approval to the draft plan and the same development plan was to come into force from 18.1.2012. Record indicates that after the final Revised Development Plan was sanctioned, the original owners again made a representation to the Urban Health Ministry on 24.1.2012. The said representation was also forwarded to VUDA. Record indicates that on 12.6.2012, the Collector, Vadodara issued a notice under Section 4 of the Land Acquisition Act, 1894 and sought to acquire the land admeasuring 5114.0906 sq. mtrs. out of the land in question for the purpose of road. By a notification under Section 6 of the La