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GUJARAT HIGH COURT
KS JHAVERI, A.G.URAIZEE, JJ
BABUBHAI KURJIBHAI RADADIYA – Appellant
Versus
SURAT MUNICIPAL CORPORATION – Respondent


Advocates:
For the Appellants/Petitioners: MR RR MARSHALL, MR BN PATEL, MR KAMAL TRIVEDI, MR HARDIK SONI, MRS KETTY A MEHTA, MR PRASHANT DESAI, MR R.S. SANJANWALA, MR APURVA R KAPADIA
For the Respondents: MR HARDIK SONI

JUDGEMENT

(PER : H ONOURABLE MR.JUSTICE KS JHAVERI)

1. Does a land “reserved” by the area development authority for a public purpose automatically gets de­ reserved under the provisions of Section­20(2) of The Gujarat Town Planning and Urban Development Act, 1986 on expiry of ten years from the date of coming into force of the final development plan or if the proceedings under The Land Acquisition Act, 1894 are not commenced within such period is the short question that has come up for our consideration in this bunch of Letters Patent Appeals. In other words, these appeals relate to the validity, applicability and issues of interpretation of Sections – 20 & 21 of The Gujarat Town Planning and Urban Development Act, 1986 (for short, “the TP Act”).

2. Since these Appeals involve common questions on law and facts, they are decided by this common judgment.

3. LPA No.1263 of 2011 arises out of the judgment and order passed by the learned Single Judge in Special Civil Application No.16748 of 2010 dated 13.06.2011 whereby, the petition is dismissed and it was held that the area development authority is empowered to continue reservation under the provisions of Sections – 20 & 21 the TP Ac




















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