Subsequent purchasers cannot challenge land acquisition proceedings conducted before their purchase, especially if original owners did not contest validity, supporting clean hands doctrine.

ORDER :

1. Heard learned Counsels for the parties and perused the record.

2 The present petition has been filed with the following prayers:

“(A) By a writ of mandamus and/or by a writ in the nature of mandamus and/or by any other appropriate writ, order or direction, it is declared that the acquisition from the petitioner's land of Revenue Survey no. 31/1/Paiki (old Survey No. 42/1) under the provisions of the LAND ACQUISITION ACT is illegal, ultra vires and bad in law.

(B) By a writ of mandamus and/or by a writ in the nature of mandamus and/or by any other appropriate writ, order or direction, the respondents be directed not to deduct the area of 379 sq. mtrs. of the acquired land under the provisions of the LAND ACQUISITION ACT from the are of the original plot being Revenue Survey no. 31/1/Paiki (old Revenue Survey no. 42/1) of the petitioner under the provisions of the Gujarat Town Planning and Urban Development Act and be directed not to (Illegible) the area of the original plot which was shown in the sanctioned draft town planning scheme dated 25.06.95.

(C) By a writ of mandamus and/or by a writ in the nature of mandamus and/or by any other appropriate writ, order or direction, it be declared that variations made in the area of the original plot of the petitioner, being Revenue Survey no. 31/1/Paikee (old Revenue Survey no. 42/1) from 1240 sq. mtrs. to 430 sq. mtrs. is illegal, bad in law and is ultra vires the provisions of the Gujarat Town Planning and Urban Development Act and also ultra vires the power, authority and jurisdiction of the Town Planning Officer under the said Act.

(D) By a writ of mandamus and/or by a writ in the nature of mandamus and/or by any other appropriate writ, order or direction, the State of Gujarat be directed not to sanction the variations made in the original plot of the petitioner of Revenue Survey no. 31/1/Paiki (old Revenue Survey no. 42/1) from 1240 sq. mtrs. to 430 sq. mtrs. and be directed to reject the said variation while sanctioning the preliminary scheme.

(E) Pending the admission and final hearing of this writ petition, the State of Gujarat be restrained from sanctioning the reduction and/or variation of the area of the original plot of the petitioner being Revenue Survey no. 31/1/Paiki (old Revenue Survey no. 42/1) from 1240 sq. mtrs. to 430 sq.mtrs.”

3. The petitioner herein claims to be the purchaser of the land in question namely Survey No. 42 (revised Survey No.31/1/Paiki), which was part of the Draft Town Planning Scheme sanctioned by the State Government on 25.06.1995. As per the statement made in the writ petition, the petitioner had purchased an area of 1240 sq. mtrs. forming part of the original plot No. 42 (New No.31/1 Paiki). It may be noted, at the outset, that the copy of the sale deed executed in favour of the petitioner dated 11.04.2000 is not on record. It is, however, stated in the writ petition that the petitioner had purchased all the rights, title and interest existing in the Revenue Survey No.42/1 of Village Magdalla, Taluka Choryasi, District Surat from the then owner, namely Manharbhai Govanbhai, and, as such, the petitioner became absolute owner of the land in question within the meaning of the Gujarat Town Planning and Urban Development Act, 1976 (in short, referred to as “Town Planning Act, 1976”).

4. As regards the first prayer made in the writ petition, it is contended in the writ petition that Section 4 and 6 Notifications had been published without grant