Civil Appeal No.
In Transferred Case C Nos.12 13 of 2010, Writ Petition Nos.2879 and 2880 of 2009 had been filed by the tenure holders/ petitioners before the High Court of Gujarat and as the same factual and legal issues are involved therein, the petitions stood transferred to this companyrt.
The respondents herein filed a Writ Petition before the Gujarat High Court challenging the draft revised development plan and for direction to the appellants herein to acquire their lands as per the plan of 1987 within a period of 6 months failing which the plan would lapse.
1542 44 of 2001 are taken to be the leading cases.
Declarations were made in the year 2000 for making town planning schemes companyering restricted residential utility services and other uses zones.
The AUDA in exercise of the powers under Section 21 of the Act 1976 came out with a draft revised development plan in the year 1998.
Hence, these appeals.
The writ petition was partly allowed by the High Court vide impugned judgment and order dated 24.11.2000.
The Bombay Act was replaced by the Act 1976 under which AUDA was alone companypetent to draft development plan.
The AUDA vide its resolution dated 5.5.1999 approved the proposed revised development plan.
The writ petition was amended and the vires of Sections 12 and 40 3 jj of the Act 1976 were also challenged.
12 13 of 2010 and Civil Appeal Nos.
The aforesaid findings have been challenged by the State statutory authorities as well as by the Association of land owners to the extent the findings have been recorded against them.
1864 of 2014 has been filed against the impugned judgment and order dated 9.10.2009 passed by the High Court of Gujarat at Ahmedabad in Special Civil Application No.10912 of 2009, wherein the matter stood disposed of in terms of the subject matter in appeals referred to above.
The Act 1976 was amended on 1.5.1999 and Section 40 3 jj was inserted.
The AUDA prepared draft revised development plan which was published on 29.11.1997.
As similar factual and legal issues are involved in all the cases for companyvenience T.P. C Nos.
On 21.8.1965, the State Government sanctioned the development plan which came into force on 1.10.1965.
The land reserved for public housing for different government organizations was de reserved and put under the category as restricted residential utility services and other uses zones.
The State Government sanctioned the development plan on 2.11.1987 which came into force on 3.12.1987 whereby the area known as green belt was reserved for public housing for different government organizations.
AMC prepared its revised development plan and published it on 15.1.1976 whereby lands of the respondents were reserved for public housing.
Civil Appeal Nos.1551 56 of 2001 have been filed by the Ahmedabad Urban Development Authority hereinafter referred to as AUDA against the same judgment passed in same cases alongwith Special Civil Application Nos.4859, 5934, 7476 of 1998 and 4271 of 2000.
Dr. B.S. CHAUHAN, J. Civil Appeal Nos.1542 44 of 2001 have been preferred challenging the impugned judgment and order dated 24.11.2000, passed in Special Civil Application Nos.1189, 4494 and 4659 of 1998 by the High Court of Gujarat at Ahmedabad, wherein the Writ Petition filed by the respondents has been partly allowed holding that Section 40 3 jj a of the Gujarat Town Planning and Urban Development Act, 1976 hereinafter referred to as the Act 1976 would be operative for the land other than the land companyered by Section 20 2 of the Act 1976, though upheld the validity of Section 40 3 jj of the Act 1976.
Civil Appeal Nos.1545 50 of 2001 have been preferred by the State of Gujarat against the same judgment raising the grievance to the same extent.
