SUPREME COURT OF INDIA
S.H. KAPADIA,B. SUDERSHAN REDDY
BHIKHUBHAI VITHLABHAI PATEL – Appellant
Versus
STATE OF GUJARAT . – Respondent
C.A. No.-002000-002000 / 2008
14-03-2008
HEMANTIKA WAHI
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CASE NO.:
Appeal (civil) 2000 of 2008
PETITIONER:
Bhikhubhai Vithlabhai Patel & Ors
RESPONDENT:
State of Gujarat & Anr
DATE OF JUDGMENT: 14/03/2008
BENCH:
S.H. KAPADIA & B. SUDERSHAN REDDY
JUDGMENT:
J U D G M E N T
CIVIL APPEAL NO. 2000 OF 2008
(Arising out of SLP(C) No. 9905 of 2007)
B.SUDERSHAN REDDY,J.
1. Leave granted.
2. This appeal by special leave is directed against the common
judgment and order dated 10-15th November, 2006 of the Gujarat
High Court at Ahmedabad in LPA No. 1453 of 2005 and Miscellaneous
Civil application \026 for Review No. 3165 of 2006 dated 14th February,
2007; whereby the High Court dismissed the cross-objections filed by
the appellants in LPA No. 1453 of 2005. Essentially grievance in this
appeal pertains to the dismissal of cross objections preferred by the
appellants.
3. The Gujarat Town Planning and Urban Development Act, 1976
(for short \021the said Act\022) came into force with effect from February 1st,
1978. The State Government in exercise of its power conferred under
the provisions of the Act constituted Surat Urban Development
Authority (SUDA) which prepared a draft development plan whereby
the lands belonging to the appellants were proposed for designating
the use of the lands for residential purposes. The State Government
having considered the draft development plan submitted by SUDA
sanctioned the plan in the modified form on January 31, 1986 whereby
the appellants\022 lands in question were reserved for \023education complex
of South Gujarat University\024. The final development plan was
accordingly brought into force with effect from March 31, 1986.
Neither the Area Development Authority nor the Authority for whose
purpose land has been designated in the final Development Plan
initiated any steps to acquire the lands of the appellants. The
appellants having waited for a period of 10 years from the date of
coming into force of the final development plan got served a notice on
the Authority concerned requiring it to acquire the land within six
months from the date of the service of such notice. However, no steps
were taken by any of the authorities proposing to acquire the lands.
Instead SUDA in purported exercise of its power under Section 21 of
the Act sought to revise the development plan by reserving the lands
in question once again for education complex of South Gujarat
University.
4. The appellants challenged re-reservation of the lands for South
Gujarat University on various grounds which ultimately culminated in
the judgment of this court in Bhavnagar University vs. Palitana
Sugar Mill (P) Ltd. and others . This court in clear and categorical
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terms laid down that Section 21 of the Act may impose statutory
obligations on the part of the State and the appropriate authority to
revise the development plan but under the grab of exercising the
power to revise the development plan \023the substantial right conferred
upon the owner of the land or the person interested therein\024 cannot be
taken away. It is observed :
\023 Para 38. Section 21 does not envisage that
despite the fact that in terms of sub-section
(2) of section 20, the designation of land shall
lapse, the same, only because a draft revised
plan is made, would automatically give rise to
revival thereof. Section 20 does not manifest
a legislative intent to curtail or take away the
right acquired by a landowner under Section
22 of getting the land defreezed\005\005\005\024
5. The revised development plan submitted by SUDA was awaiting
the sanction of the State Government. The State Government in
exercise of powers conferred by the proviso to sub-clause (ii) of
clause (a) of Section 17(1) of the Act proposed modifications in the
draft revised development plan submitted by SUDA and proposed to
designate the