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Showing contexts for: FIROZPUR in Chavda Govindji Parthiji vs State Of Gujarat on 12 September, 2019Matching Fragments
2. In all these petitions except Special Civil Application No. 11238 of 2019, the lands in question are agricultural lands within the ceiling limits of village:Lavarpur, Firozpur, and Prantiya of Gandhinagar District. In Special Civil Application No.11238 of 2019, the lands in question are situated at Village:Koteshwar, District:Gandhinagar.
3. Since the prayers are common, prayers of Special Civil Application No.8734 of 2019 are reproduced, which read as C/SCA/8734/2019 CAV ORDER under:
10. Now, we may consider the next substantial issue i.e. as to whether the villages:Lavarpur, Firozpur and Prantiya fall within the revenue limits of the Gram Panchayat and are "Rural Areas" as defined under Rule 2(p) of Rules 2017 or are they within "Urban Area" as defined in Rule 2(v). Secondly, even if the Government Resolutions dated 10.11.2016 and 11.09.2018 were valid, are villages Lavarpur, Firozpur and C/SCA/8734/2019 CAV ORDER Prantiya deemed to be within the limits of "Urban Areas"
10.3 The case of the petitioners is that Lavarpur, Firozpur and Prantiya are local self Government bodies under the Gram Panchayat and the villages are at a distance of 10 kms C/SCA/8734/2019 CAV ORDER from Gandhinagar, hence in "Rural Areas". The State through an additional affidavit dated 29.07.2019 has relied on a notification dated 12.03.1996 issued by the Urban Development and Urban Housing Department in exercise of powers conferred by Sub-Sections (1), (2) and (4) of Section 22 of the Gujarat Town Planning and Urban Development Act, 1976. The notification declares the areas within Gandhinagar city and the areas within the limits of Villages specified in column-4 of the appended Schedule to be an Urban Development Area viz. Gandhinagar Urban Development Authority ('GUDA' for short). Lavarpur, Firozpur and Prantiya are shown in the Schedule.
C. What has come on record by virtue of a Government Resolution dated 23.12.1969 is that 12 different villages mentioned therein were carved out to form part of revenue village of Gandhinagar. Villages Lavarpur, Firozpur and Prantiya are not mentioned in the order.
D. Vide notification dated 24.12.1975 issued in exercise of powers under Section 264A of the Gujarat Municipalities Act, 1963, the areas comprised in the revenue village:Gandhinagar, constituted by order/resolution dated 23.12.1969 was declared as a notified area. Since the three villages Lavarpur, Firozpur and Prantiya are not part of the 1969 order, they do not form part of the Gandhinagar notified area.