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Surat Urban Development Authority vs Ghanshyambhai Vallabhbhai Nakrani on 19 August, 2019

Bench: Uday Umesh Lalit, Vineet Saran

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     ITEM NO.61                           COURT NO.7                SECTION III

                               S U P R E M E C O U R T O F      I N D I A
                                       RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)               No(s).22634-22636/2018

     (Arising out of impugned final judgment and order dated 12-07-2018
     in LPA No. 476/2018 12-07-2018, in LPA No. 477/2018 12-07-2018 &
     in LPA No. 478/2018 passed by the High Court Of Gujarat At
     Ahmedabad)

     SURAT URBAN DEVELOPMENT AUTHORITY                               Petitioner(s)

                                                 VERSUS

     GHANSHYAMBHAI VALLABHBHAI NAKRANI & ORS.
     ETC.                                                          Respondent(s)

     (IA No. 117113/2018 - EXEMPTION FROM FILING O.T.
      IA No. 35228/2019 - VACATING STAY)
     WITH

     SLP(C ) No.23301-23303/2018
     (IA No. 144715/2018 - APPLICATION FOR VACATION OF INTERIM ORDER
     IA No. 120662/2018 - EXEMPTION FROM FILING O.T.
     IA No. 121879/2018 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/
     FACTS/ ANNEXURES)

     Date : 19-08-2019 These matters were called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE UDAY UMESH LALIT
                         HON'BLE MR. JUSTICE VINEET SARAN

     For Petitioner(s)             Mr. C.A. Sundram, Sr. Adv.
                                   Ms. Hemantika Wahi, AOR
                                   Mr.Dhaval Nanavati, Adv.
                                   Ms. Jesal Wahi, Adv.
                                   Ms. Puja Singh, Adv.

                                    Mr. Shyam Divan, Sr. Adv.
                                   Mr. Hemal Kirit Kumar Sheth, AOR
     For Respondent(s)
Signature Not Verified
                                    Ms. Hemantika Wahi, AOR
Digitally signed by
INDU MARWAH
Date: 2019.08.21
18:33:29 IST
Reason:                            Mr.   Kapil Sibal, Sr. Adv.
                                   Mr.   Shamik Shirishbhai Sanjanwala, Sr. Adv
                                   Mr.   Shamik Sanjanwala, Adv.
                                   Mr.   Sunil Kaundal, Adv.
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                           Mr. Hemal Kiritkumar Sheth, AOR
                           Mr. Jesal Wahi, AOR

                           Mr. Aniruddha P.Mayee, AOR
                           Mr. A. Rajarajan, Adv.


              UPON hearing the counsel the Court made the following
                                 O R D E R

One of the questions raised in the present matter is:-

If there was a “reservation” in respect of a piece of land in the earlier Development Plan and such “reservation” had lapsed, could the land be reserved for another public purpose in the subsequent Draft Development Plan.

It is a matter of record that in the Development Plan of 2004, the lands in question, were reserved for “Public Housing [Gujarat Housing] Board”. However in the subsequent Draft Development Plan, said lands now stand reserved for “site and service” for Gujarat Housing Board.

Mr. Sundram, learned senior advocate for the petitioner, therefore, submits that the law laid down by this Court in Bhavnagar University vs. Palitana Sugar Mills (P) Ltd.& Ors. (2003) 2 SCC 111 will not apply. On the other-hand, Mr. Kapil Sibal, learned senior advocate for the respondent submitted that that matter stands covered by said decision and the submission ought not to be entertained.

We need not go into these issues as fresh proceedings have already been initiated under the provisions of the Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

In the facts and circumstances of the case, we therefore, see no reason to interfere. The special leave petitions are dismissed, leaving the question referred to above to be decided in an appropriate case.

Pending applications, if any, shall also stand disposed of.

    (INDU MARWAH)                                    (RENU DIWAN)
    COURT MASTER                                   ASSISTANT REGISTRAR