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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.P. THAKER, J.
KALPANABEN PANKAJBHAI SHAH – Petitioner
Versus
BHAVNAGAR AREA DEVELOPMENT AUTHORITY – Respondent
Special Civil Application No. 3599 of 2014
Decided On : 14-10-2022
Reservation - Land Acquisition - Gujarat Town Planning and Urban Development Act, 1976 - Section 20(2) - The court considered the reservation of land for a proposed D.P. Road and the legal consequences of not acquiring the land within the stipulated period. The court referred to the decision of the Apex Court in Bhavnagar University vs. Palitana Sugar Mill Pvt. Ltd. (2003) 2 SCC 111 and Bhikhubhai Vithalbhai Patel and Others vs. State of Gujarat and Another, (2008) 4 SCC 144 to interpret the provisions of the Act and held that if the land is not acquired within the specified period, the reservation would be deemed to have lapsed.
Fact of the Case:
The petitioner sought relief against the reservation of land for a proposed D.P. Road, contending that the reservation was erroneous and illegal. The petitioner issued a legal notice to acquire the land, but no action was taken within the stipulated period. The petitioner's construction on the land was hindered due to the proposed road and objections were raised by others as well.
Finding of the Court:
The court found that the reservation of the land for the proposed D.P. Road would be deemed to have lapsed if the authority did not initiate steps for acquisition within the stipulated period. The court directed the authority to consider and decide on the acquisition of the land within six months, failing which the reservation would be deemed to have lapsed.
Issues: The issues involved the legality of the reservation of land for the proposed D.P. Road, the failure of the authority to acquire the land within the stipulated period, and the hindrance caused to the petitioner's construction on the land.
Ratio Decidendi: The court interpreted Section 20(2) of the Gujarat Town Planning and Urban Development Act, 1976 and held that if the land is not acquired within the specified period, the reservation would be deemed to have lapsed. The court's decision was based on the legal consequences of the authority's failure to initiate acquisition proceedings within the stipulated period.
Final Decision: The court allowed the petition to the extent that the authority was directed to consider and decide on the acquisition of the land within six months, failing which the reservation of the land for the proposed D.P. Road would be deemed to have lapsed.
JUDGMENT :
A.P. THAKER, J.
1. The petitioner has preferred this petition under Article 226 of the Constitution of India for the following reliefs:
(B) Pending admission, hearing and final disposal of this petition, YOUR LORDSHIPS may be pleased to direct the respondent Municipal Corporation to permit the petitioner to construct bungalow and to grant the permission in accordance with prevailing Development Regulations, without considering any deduction of reservation and discharge the petitioner from undertaking given.
(C) YOUR LORDSHIPS may grant ad-interim relief in terms of prayer clause (B).
(D) YOUR LORDSHIPS may pass such other and further orders as this Honourable Court may deem fit and proper in favour of the petitioners in the interest of justice and circumstances of the case.”
2. The brief facts of the petition are as under:
2.2 That the total usable area of the plot was 920.08 sq. Mtrs out of which 206.18 sq, mtrs is proposed to be reserved for proposed D.P. Road. Hence, the petitioner had only 713.90 sq. Mtrs and out of 713.90 sq. mtrs the petitioner constructed area of 43.40 for the purpose of room for watchman and had given undertaking that the petitioner will not construct further till reservation is lifted by the government. That as per the proposal of the reservation under the Development Plan of Bhavnagar Urban Development Authority, area of 206 sq. mtrs is to be deducted for the purpose of widening of road from the Plot of the petitioner.
2.3 According to the petitioner, the purpose of widening of existing D.P. road is not fruitful as onward side that road is completely blocked and not going further. That abating that road, there is NCC ground and NCC people have refused to give their NOC for laying road further from that area onward. It is contended that the reservation under Development Plan of 2001 has already lapsed and even after 10 years thereof, the Plot of the petitioner has not been acquired by the respondent Corporation nor paid compensation nor widened the road as beyond the Plot of the petitioner, there is pucca construction.
2.4 It is also alleged that the son of the petitioner made representation to the Chief Minister vide his communication dated 9.5.2011and on 2.7.2011. On 6.7.2011, Bhavnagar Municipal Corporation wrote a letter to the Bhavnagar Area Development Authority stating that the Corporation is of the view that there is strong representation from the petitioner and other residents of Vidhyanagar Jain Society and has prayed to cancellation of
The main legal point established in the judgment is that under Section 20(2) of the Gujarat Town Planning and Urban Development Act, 1976, if the land is not acquired within the specified period, the....
The court established that a land reservation does not lapse automatically after ten years without a notice from the landowner, and revised plans do not invalidate existing reservations.
The main legal point established in the judgment is that under Section 127 of the Maharashtra Regional Town Planning Act, 1966, if no steps for the acquisition of land reserved for public purposes ar....
The main legal point established in the judgment is that objections to the reservation of land under a development plan must be pursued through the appropriate legal recourse, and delay in approachin....
The main legal point established in the judgment is that the reservation of land under the Maharashtra Regional Town Planning Act can lapse if the acquiring authority fails to take steps for acquisit....
The main legal point established in the judgment is the interpretation of Section 127 of the Maharashtra Regional and Town Planning Act, 1966, and its application to the issuance of a purchase notice....
The court emphasized that the petitioner should approach the appropriate authority if an adverse order is passed by the Government, as the matter is pending with the Government.
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