SCA/2900120/2007 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 29001 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE AKIL KURESHI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 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 ? 5 Whether it is to be circulated to the civil judge ? ========================================================= PATEL VIJAYKUMAR GOPALBHAI - Petitioner(s) Versus MAMLATDAR SHRI & 4 - Respondent(s) ========================================================= Appearance : MR ASHISH M DAGLI for Petitioner(s) : 1, MR JK SHAH, AGP for Respondent(s) : 1 - 2, 4, NOTICE SERVED BY DS for Respondent(s) : 1 - 2,4 - 5. MR SAMIR J DAVE for Respondent(s) : 3, DS AFF.NOT FILED (R) for Respondent(s) : 5, ========================================================= CORAM : HONOURABLE MR.JUSTICE AKIL KURESHI Date : 12/08/2008 ORAL JUDGMENT 1. The petitioner has filed this petition for declaration and consequential direction that in SCA/2900120/2007 2/5 JUDGMENT view of the provisions contained in Section 20 of the Gujarat Town Planning and Urban Development Act,(“the Act” for short), the appropriate authority is permanently injuncted from taking any steps with respect to the land of the petitioner being survey No.102A paikee admeasuring 9645 sq. mtrs. of Himmatnagar town. 2. The case of the petitioner is that petitioner owns the aforesaid land. In the year 1996, the land in question along with other adjacent lands were reserved for the Housing Board. After 10 years of putting the land under reservation, the petitioner issued a notice to the respondents under Section 20(2) of the Act calling upon the authorities to Act in terms of provisions contained in Section 20 of the Act, failing which, to release the land from reservation. It was contended by the petitioner in the said notice that object for which the land was kept under reservation does not survive and land should therefore, be released from reservation. Such notice was issued in November 2006 and subsequently on 27.2.2007. 3. Since in response to the said notice, the petitioner received no reply, the petitioner approached this Court by filing Special Civil Application No.17021/2007. Said petition came to be disposed of by order dated 9.7.2007. The Court permitted the petitioner to approach the SCA/2900120/2007 3/5 JUDGMENT authority to point out that in view of no steps taken by the authorities pursuant to the notice issued by the petitioner, reservation had lapsed. Thereupon, the petitioner issued yet another communication dated 30.7.2007 and brought these facts to the notice of the authorities, after which also when the petitioner received no reply, the petitioner has filed this petition claiming the above reliefs. 4. In response to the notice issued by this Court, Gujarat Housing Board, respondent No.3 herein has filed affidavit dated 24.7.2008 in which the deponent has in addition to admitting having received the notice dated 30.7.2007 on 1.8.2007, has further stated that looking to the financial condition of Gujarat Housing Board, Board is not interested in acquiring the land of the petitioner and this was communicated by the Board to the Government vide its communication dated 1.7.2004. Copy of the said letter is produced on record. It is stated in no uncertain terms that the Housing Board is not interested in acquiring the land of the petitioner which was placed under reservation on account of financial condition of the Board. 5. Learned AGP Shri J.K. Shah appearing for the State Government however, expressed his apprehension in unconditionally releasing the land under reservation stating that there is SCA/2900120/2007 4/5 JUDGMENT proposed DP Road passing through the area where the land is situated. Since the exact location of the land is not pinpointed, it is not possible for the Government to ascertain whether any part of the land of the petitioner would be required for constructing such a road. He therefore, submitted that interest of the Government be sufficiently safeguarded. 6. In view of the above position, I find that the subject matter land of the petitioner can no longer be kept under reservation. Simply by virtue of application of provision contained in Section 20 of the Act, when after 10 years of placing the land under reservation and for more than six months after receipt of notice under Sub-section(2) of Section 20 of the Act, no steps for acquiring the land was taken, the reservation would otherwise also automatically lapse. Additionally, in the present case, Gujarat Housing Board for whom the land was kept under reservation has stated on oath that Housing Board on account of its financial condition is not interested in acquiring the land, keeping the land of the petitioner under reservation would therefore, be not only impermissible but highly unjust. 7. Under the circumstances, it is directed that the land of the petitioner shall be released from reservation. Nothing stated here-in-above would SCA/2900120/2007 5/5 JUDGMENT come in way of the Government in acquiring the land after following due process of law, if it is found necessary, for any public purpose. 8. On basis of this order, it will be open for the petitioner to apply before the authority for development permission which shall be considered in accordance with law. 9. Subject to above observations, the petition is disposed of. Rule made absolute accordingly. No costs. (Akil Kureshi,J.) (raghu)