ORAL JUDGMENT

1. By way of preferring this petition under Article

226 of the Constitution of India, the petitioner has challenged the order dated 22.11.2016 passed in Revision Application No.14-2012 by the learned Special Secretary Revenue Department (for short “the SSRD”) as well as the order dated 31.07.2010 passed by the City Deputy Collector in City Appeal No.21/2009 and order dated 02.01.2002 passed by the District Collector, Ahmedabad in Appeal No.310/2010 and has prayed for the following reliefs.

“A. Admit and allow the present petition.

B. Issue appropriate writ, order or direction quashing and setting aside the order dated 22/11/2016 passed in Revision No.14 of 2012 by the Special Secretary, Revenue Department, State of Gujarat as well as challenge to the order dated 31/07/2010 passed by the City Deputy Collector, Ahmedabad in TS/Appeal No.21 of 2009 and order dated 02/01/2002 passed by the District Collector, Ahmedabad in Appeal No.310 of 2010;

C. …….;

D. ……….;

E. pass such other and other orders as thought fit in the interest of justice.”

2. The brief facts giving rise to the present petition are as under.

2.1. The land forming part of the revenue survey no.281/1, 282/1/P, 284 paiki 284/2/P and 283/P land situated in Dariyapur and Kajipur were owned and occupied by the petitioner and respondent nos.6 to 10. That on inclusion of the said area into City Survey Limit, the aforesaid lands were given city survey nos.7831, 7832, 7833 and 7834 which came to be renumbered as sub-plot nos.7831/1 to 7831/4. That the said survey numbers were given final plot no.306/1 admeasuring 28530 square meters of land and initially Town Planning Scheme came to be implemented and attained the finality in the year 1971. Thereafter, variation took place in the year

1974 and again the same attained finality.

2.2. That the final plot no.306 paiki land admeasuring 1188 square meters of land which was forming part of survey no.306/2 came to be allotted to the Ahmedabad Municipal Corporation for the widening of the roads and survey no.306/1 admeasuring 28,530 square meters (34,122 square yards) remained with the petitioner and the respondent nos.6 to 10.

2.3. That as per the settled proposition of law, once the town planning attained the finality, the other provisions of land revenue code would not apply and the land would have to be given final plot numbers in the town planning scheme and the revenue survey numbers would remain nonexistent. That the names of the petitioner and respondent nos.6 to 10 were shown in the City Survey record and the entry came to be certified on 23.05.2008.

2.4. That the Ahmedabad Municipal Corporation preferred CTS Appeal No.21/2009. The City Deputy Collector passed an order dated 31.07.2010 and quashed the order passed by the City Survey Superintendent, Ahmedabad, showing the names of the petitioner and respondent nos.6 to 10. Against that order, the petitioner preferred an appeal before the Collector. The Collector vide his order dated 31.07.2010 passed in proceeding no.310/2010 rejected the same. Against the same, revision was preferred by the petitioner being 14/2012 before the learned SSRD, which was also came to be rejected. Against this order the petitioner has preferred this petition.

3. Affidavit in reply has been filed by one Shri Bhanukumar N. Chauhan, Estate Officer of the Corporation. It is contended therein that the part of the lands were required by the Corporation for the purpose of the extension of water works at Dudheshwar and upon following procedure under the Land Acquisition Act, award was passed, wherein the petitioner had participated and received the compensation. It is further contended that the petitioner having preferred enhancement for compensation, the same was allowed and the enhanced amount was deposited by the Corporation. It is contended that despite of receiving compensation, while preparation of promulgation of City Survey Nos. and property cards, petitioner sought to include their names, without