ORDER :

1. This group of petitions being clubbed together by virtue of an order date 09.02.2021 have been taken up conjointly as per the request of learned advocates since common question of facts and law have arisen.

2. This group of petitions have been filed under Article 226 of the Constitution of India challenging the inaction of the authority in not handing over the possession of the land in question. So far as petition being Special Civil Application No. 16287 of 2020 is concerned, relief is sought to the effect that the respondent authorities be directed to hand over the possession of 316 sq.mtrs., as per Final Plot No. 42 forming part of the Town Planning Scheme No. 1 of Sayajipura to the petitioner in the interest of justice. The said relief is sought on the premise that the petitioner of this petition namely Bhupendrabhai Mathurbhai Patel is the owner of the revenue Survey Nos. 552/1, 553, 554 and 555 of Village Sayajipura, Taluka and District : Vadodara. On the said lands Town Planning Scheme came to be introduced and after implementation of the Town Planning Scheme all the survey numbers were initially given Original Plot No. 65 and subsequently were given Final Plot No. 42 admeasuring 11,589 sq.mtrs. The said claim came to be finalized by the State Government in the year 2010 and subsequently, notice under Section 68 of the Gujarat Town Planning and Urban Development Act (for short “the Act”) came to be issued to the petitioner on 27.02.2013.

2.1. It is the case of the petitioner that on 20.01.2014, respondent no. 3 – Corporation issued notice under Section 87 of the Act to pay incremental contribution charge. As a result of this, the petitioner made a specific representation on 15.05.2014 to respondents for handing over the possession of land admeasuring 316 sq.mtrs., which was to be received by the petitioner from Survey No, 249/3, however, the respondent – Corporation has not handed over the said land till date. It is further the case of the petitioner that on service of the said representation, the respondent – Corporation vide letter dated 10.07.2014, requested the petitioner to provide certain information. It is further the case of the petitioner that on inquiry from the officers, it was informed that as the petitioner has not handed over the possession to the other owners, no action can be taken by the authority in respect of representations by the petitioner. Accordingly, the petitioner immediately handed over the possession of the land to the concerned persons and vacated the land. The petitioner also made a representation on 12.11.2014 pointing out that the petitioner has already vacated the land in question. However, even after that, the authority has not taken any action. It is submitted that since for a pretty long period repeated request has not been adhered to, yet another representation was made by the petitioner on 12.05.2016, but the authority vide letter dated 14.07.2016 again informed the petitioner to hand over the possession of the land to other owners. The respondents also requested to obtain the possession from the other owners and also produced the consent letter. It is the case of the petitioner that though said act has to be performed by the respondent authority, the petitioner was directed to do the same.

2.2. It is the case of the petitioner that even the petitioner has paid incremental contribution charge on 21.11.2016 to the extent of Rs.5,75,650/- and the same has been acknowledged upon issuance of receipt. It is the case of the petitioner that all formalities which were required to be performed by the petitioner were completed, and the petitioner also handed over possession of Final Plot No. 109 to the Corporation, but the Corporation did not take any steps to hand over in turn the possession of land admeasuring 316 sq.mtrs., which was to be handed over as the same was forming part of the Final Plot No. 42. As a result of this, again a representation was made on 29.05.2019 by annexing