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Section 12(m) further provides for controlling and regulating the user and development of land. Similar provisions are contained in Section 13(2)(c) empowering the authority to frame regulations for controlling development of the land covered by the development plan.

In exercise of powers conferred by the TP Act, the respondent no.2, VUDA, has framed regulations known as the 'General Development Control Regulations'. The said Regulations framed with the second revised development plan were published in the year 2006 and the same have been sanctioned by the Government of Gujarat by notification dated 18th January 2010. The GDCR makes detailed provision inter alia for regulating and controlling the development of land situated within the territorial limits of the VUDA including the areas under the Vadodara Municipal Corporation. The provisions made in the GDCR include the Floor Space Index (FSI), Margin Road to be kept open on the sides of buildings, height of the building, internal roads etc. The said Regulations also provide for control on the user of the land i.e. commercial use, residential use etc. Considering the text of the regulations, the land available for construction would be to the extent of 40% and approximately 60% of the each plot is required to be kept open for margin, road, or for distance between the road and building, or for internal road or for common open plot etc. After coming into operation of the Development Plan, no development can be made on any land without obtaining development permission from the VUDA. Any plan submitted by the developer is scrutinized thoroughly by the VUDA so as to ensure that the plan is in conformity with the GDCR. Under the provisions of the TP Act and under the provisions of the GDCR, no development permission can be sought in respect of any land which is reserved under Section 12 of the Act for public purpose.

The VUDA has passed the impugned resolution Annexure-

A bearing no.217 in its meeting held on 30 th January 2012 and has proposed an amendment in the GDCR directing the developer to set apart approximately 35% to 40% of the land for various public purposes and submit the plan accordingly. All other regulations pertaining to margin land, internal street roads, common open plot etc. would also be applicable on remaining 60% land.

Mr.Desai submits that under the Act, the development is defined and development includes the layout and subdivision of any land. Under the GDCR, various provisions are made in respect of development of land and the development work.

Chapter 10 provides for the things to be considered in respect of the development of land. It includes layout of building units, amalgamation and/or subdivision of building units, internal building layout, level of building units, requirement of road width, approaches to the building, common plot, percolating wall and soak-pit etc. Mr.Desai submits that the SUDA found it difficult for providing reservation in the town planning scheme when made because the same was not provided in the development plan and, therefore, it was required to be amended and the request was made to the State Government for amendment of the development control regulation.

(2) While seeking approval of layout plan, the land holders provide less width to the road so that it is possible to sell surplus land.

(3) While framing the T.P.Scheme, the widening of the road will lead to the deduction of the area from the land holder or occupant causing heart burning. The authorities have to deduct the land and make provisions from the common plot. The resultant effect is that those who are holding large area of land cause suffering of small land holders.