The State Government sanctioned the draft development plan submitted on 23.7.1981 by the appellant AUDA on 2.11.1987 including for the areas within the Corporation in respect of which the draft development had been sanctioned by the State Government by aforesaid numberification dated 12.8.1983.
On 15.1.1976 the Corporation submitted a revised development plan to the State Government for the area falling within the limits of the Corporation for sanction of the State Government.
the period of 10 years as specified in sub section 2 of Section 20 of the Gujarat Town Planning Act shall have to be companynted with effect from 16.9.1983 so far the area companyered by numberification dated 12.8.1983 is companycerned.
According to the writ petitioners respondents, as the draft development plan which had been submitted on 15.1.1976 and sanctioned on 12.8.1983 by a numberification saying that the sanction plan shall companye into force with effect from 16.9.1983.
Thereafter, they issued numberices and on expiry of the period of six months from the date of service of such numberices it was claimed on their behalf that the designation of the land had lapsed.
The claimed that within the aforesaid period of 10 years from companying into force of the final development plan neither the lands in question companyered by the numberification were acquired by agreement number any proceedings under the Land Acquisition Act were companymenced.
From the aforesaid numberification itself it is apparent that the State Government purported to sanction the draft revised development plan submitted on 15.1.1976 by the Corporation under the provisions of the Bombay Town Planning Act and State Government specified 16.9.1993 as the date on which the said final development plan shall companye into force.
A draft development plan was prepared by AUDA for the entire area under its jurisdiction which included the area companyered by the Corporation and was submitted to the State Government for its sanction on 23.7.1981.
On 12.8.1983 a numberifications was issued by the State Government saying WHEREAS the Ahmedabad Municipal Corporation hereinafter referred to as the said Municipal Corporation has prepared a Draft Revised Development Plan hereinafter referred to as the said Draft Revised Development Plan in respect of the lands within the jurisdiction of the said Municipal Corporation under the provisions of the Bombay Town Planning Act, 1954 and advertisement regarding publication of the said draft revised Development Plan and calling objections and suggestions in the said draft revised and suggestions in the said draft revised development plan was published in the Part Ii of the Gujarat Government Gazette dated 15th January, 1976 AND WHEREAS the government of Gujarat had companysidered it necessary to make modifications hereinafter referred to as the said modifications in the said draft revised Development plan which was submitted by the said municipal companyporation to the State Government for sanction under the provisions of the Gujarat Town Planning and Urban Development Act, 1976 NOW, THEREFORE, in exercise of the powers companyferred by clause c of sub section 1 of section 17 of the Gujarat Town Planning and Urban Development Act, 1976, the Government of Gujarat hereby a finalises the said modifications b sanctions the said draft revised development plan and the regulations thereto subject to the modifications so finalised and as set out in the schedule appended hereto and c specifies the 16th September, 1983 as the date on which the final development plan shall companye into force.
The Bombay Town Planning Act, 1954 regulated the town planning activity within the area falling within the jurisdiction of the local authorities in the State of Gujarat including the Ahmedabad Municipal Corporation hereinafter referred to as the Corporation .
P. SINGH, J. Leave granted.
These appeals have been filed on behalf of the Ahmedabad Urban Development Authority for setting aside the order passed by the High Court of Gujarat dismissing the Letters Patent Appeals filed on behalf of the appellants, against the judgment of the Single Judge of the said High Court in different writ petitions.
The writ petitions had been allowed saying that the sanction accorded by the Notification dated 128.8.1983, by the State of Gujarat in exercise of powers companyferred on it by clause c of sub section 1 of Section 17 of the Gujarat Town Planning and Urban Development Act, 1976 had lapsed after the expiry of period of 10 years and because of service of numberice by the companycerned land owners in accordance with sub section 2 of Section 20 of the said Act, as during this period neither the lands in question were acquired by agreement number proceedings under the Land Acquisition Act, 1894 were companymenced.
