- (1.) Heard Mr.Shirish K. Sanjanwala, learned Senior Counsel with Mr.Dilip L. Kanojiya, learned counsel for the petitioners, Mr.Manan Mehta, learned Assistant Government Pleader for respondent Nos.1 and 2, Mr.Dhaval G. Nanavati, learned counsel for respondent No.3 and Mr.P.Y.Divyeshwar, learned counsel for respondent No.4.
(2.) By way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs:- "(a) Your Lordships may be pleased to declare that the Zoning Certificate issued to the petitioners showing the land of the petitioner bearing Revenue Survey No.212/1 of village Abhwa, Tal. Choryasi, Dist. Surat, Revenue Survey No.446 Paiki, 1+2-3 of village Sultanabad, Tal. Choryasi, Dist. Surat and Revenue Survey No.394, 411, 412 of village Sultanabad, Tal. Choryasi, Dist. Surat as being reserved for Airport Complex, of Civil Aviation Department (T-28) is patently bad and illegal. It has no legal backing and Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction directing Surat Urban Development Authority to issue Zoning Certificate showing that there is no reservation of the land of the petitioner; Alternatively (b) Your Lordships may be pleased to declare that there is no reservation of the land of the petitioner bearing Revenue Survey No.212/1 of village Abhwa, Tal. Choryasi, Dist. Surat, Revenue Survey No.446 paiki 1+2-3 of village Sultanabad, Tal. Choryasi, Dist. Surat and Revenue Survey No.394, 411, 412 of village Sultanabad, Tal. Choryasi, Dist. Surat as being reserved for Airport Complex, of Civil Aviation Department (T-28) in the Notification dated 02.09.2004 and therefore, there is no question of showing the reservation in the Zoning Certificate; (c) Your Lordships may be pleased to declare that in any case, the reservation of the petitioner if at all there is any reservation of the lands of the petitioner in the Notification dated 02.09.2004 Airport Complex of Civil Aviation Department (T-28), the same is patently, bad and illegal and it could not have been reserved in the said Notification as the condition precedent to the exercise of power, namely complying with Section 17 (2) of the Town Planning Act is not satisfied and that the petitioner was not given any opportunity to object the same since the lands were shown in the preliminary development plan of 17.05.2001 as being designated for residential use; (d) If at all there is any reservation of the land in question, it may be declared that the Notification dated 02.09.2004 is patently bad and illegal inasmuch as no opportunity as required under Section 17 of the Act to object to the same, has been given to the petitioner and the provisions of Section 17 of the Town Planning Act are not complied with; (d1) It may be declared that the reservation of the lands of the petitioners bearing Revenue Survey No.212/1 of village Abhwa, Tal. Choryasi, Dist. Surat, Revenue Survey No.446 paiki 1+2-3 of village Sultanabad, Tal. Choryasi, Dist. Surat and Revenue Survey No.394, 411, 412 of village Sultanabad, Tal. Choryasi, Dist. Surat have statutorily lapsed since the lands have not been acquired as per the notice dated 26.09.2014 given by the petitioners and the petitioners are entitled to Zoning Certificate now showing that there is no more reservation of the lands in question; (e) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to stay the operation, implementation of the Zoning Certificate regarding land bearing Revenue Survey No.212/1 of village Abhwa, Tal. Choryasi, Dist. Surat, Revenue Survey No.446 paiki 1+2-3 of village Sultanabad, Tal. Choryasi, Dist. Surat and Revenue Survey No.394, 411, 412 of village Sultanabad, Tal. Choryasi, Dist. Surat showing the lands as reserved for Airport Complex of Civil Aviation Department (T-28) and the respondents be directed to treat the land as being not reserved and sanction the plans to be submitted by the petitioner; (f) ***."
(3.) The following facts emerge from the record of the petition:- 3.1 The petitioners are owners and occupiers of the land bearing Revenue Survey No.212/1 of village Abhawa, Taluka Choryashi, District Surat, Revenue Survey No.446 Part 1+2- 3 of village Sultanpura, Taluka Choryashi, District Surat as well as Revenue Survey Nos.394, 411, and 412 of village Sultanpura, Taluka Choryashi, District Surat. 3.2 The lands in question are situated within the area of Surat Urban Development Authority (hereinafter referred to as "the SUDA" for short). The lands in question are reserved for the purpose of respondent No.3 - Authority i.e. Airport Complex of Civil Aviation Department (T-28) and revised final development plan of SUDA sanctioned by the State Government under Section 17(3) of the Act Gujarat Town Planning and Urban Development Act, 1976 (hereinafter referred to as "the Act" for short) vide Notification dated 02.09.2004 and the said revised final development plan has come into force on 15.09.2004. The petitioners, on completion of 10 years, as the lands were not utilized for the purpose of which it is used, issued a notice as provided under Section 20(2) of the Act to SUDA as well as respondent No.4-Authority and concerned authority for which the said reservation is made in the revised final development plan on 26.09.2014 calling upon to pay market value and soletium and to acquire the lands in question within a period of six months as provided under Section 20(2) of the Act. In fact, the petitioners have also relied upon the letter dated 18.09.2008 written by respondent No.4 to the District Collector and has contended that even respondent No.4-Authority has stated that it does not require any further lands. As per the say of the petitioners, as the requisites of the notice as provided under Section 20(2) of the Act are not complied with by the respondent authority, reservation (Under T-28) of the revised final development plan qua the lands of the petitioners would stand lapsed.;