Property cannot be acquired without due legal process; actions taken under the Municipalities Act violated constitutional property rights.

JUDGEMENT

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 2996 of 2010 In SPECIAL CIVIL APPLICATION No. 8910 of 2010 For Approval and Signature: HONOURABLE MR.JUSTICE V. M. SAHAI HONOURABLE MR.JUSTICE A.J. DESAI ============================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? NO 2 To be referred to the Reporter or not ? NO 3 Whether their Lordships wish to see the fair copy of the judgment ? NO 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? NO 5 Whether it is to be circulated to the civil judge ? NO ============================================= SURENDRA AMRUTLAL PADARIA THROUGH HIS POWER OF ATTORNEY - Appellant(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ============================================= Appearance : MR DN PANDYA for Appellant.

MR NJ SHAH, AGP for Respondent(s) : 1 - 2.

NOTICE SERVED BY DS for Respondent(s) : 3, MR ADIL MEHTA for Respondent(s) : 3, ============================================= CORAM : HONOURABLE MR.JUSTICE V. M. SAHAI and HONOURABLE MR.JUSTICE A.J. DESAI Date : 25/04/2012 CAV JUDGMENT (Per : HONOURABLE MR.JUSTICE A.J. DESAI)

1. By way of this intra-court appeal, the appellant – original 2/9 JUDGMENT petitioner has challenged the judgment dated 3.8.2010 passed by learned Single Judge in Special Civil Application No.8910 of 2010 by which the learned Single Judge has dismissed the petition filed by present appellant challenging the decision dated 25.6.2009 rendered by Deputy Secretary (Appeals), Urban Development and Urban Housing Department, Gandhinagar refusing the prayers made by the appellant - petitioner that several resolutions passed by Rajpipla Nagar Palika by which it was resolved that the property belonged to the appellant - petitioner shall be acquired by the Municipality for widening of the street.

2. The brief facts arising from the case are as under:

2.1 That the disputed property, situated on City Survey No.368 having street no.21 in Rajpipla Town, belongs to the present appellant. It is alleged by the appellant – petitioner that, at the instance of some influential persons, the Rajpipla Nagar Palika issued a resolution on 21.3.1964 in a General Board Meeting of the Rajpipla Nagar Palika that the disputed land which is facing the main road, shall be acquired for widening the street for the convenience of public at large so that they can move freely in the area.

2.2 The General Board of the Rajpipla Nagar Palika by another resolution dated 27.10.1965, resolved that the resolution which was passed on 21.3.1964 is not required to be implemented and the proposal for acquisition of the disputed property shall be dropped.

2.3 The appellant-petitioner submitted an application under Section 155 (1) of the Gujarat Municipalities Act , 1963, 3/9 JUDGMENT (hereinafter referred to as “the Municipalities Act”) and requested the Chief Officer of Rajpipla Nagar Palika to permit him to construct a new house on the disputed land after demolishing the earlier construction. Along with the said application, the appellant – petitioner has submitted detailed plan of the proposed new construction along with the property card of the said property. The said application was submitted by the appellant – petitioner on 12.2.1979. Instead of processing the application, The Rajpipla Nagar Palika by a Resolution No.311 dated 30.7.1979 resolved that, after negotiating the price of the disputed property with the owner, same shall be acquired for widening the street, and