JUDGEMENT
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(1.) The appellants are the owners of the lands
bearing Survey Nos. 1587 to 1596, 1597-A-
Part, 1599 to 1601 of Ward No. 4 of Taluka
Choryasi of the city of Surat in Gujarat.
(2.) On 22.08.1980, the Standing Committee of
the Surat Municipal Corporation
(hereinafter 'SMC'), passed a resolution
with a proposal to the State Government,
under Section 78 of the Bombay Provincial
Municipal Corporations Act, 1949
(hereinafter 'BPMC Act'), for initiating
land acquisition proceedings under the Land
Acquisition Act, 1894, for acquiring the
abovementioned land of the appellants. The
said land, admeasuring 7168.09 sq. mts.,
was to be acquired for the setting up of a
vegetable market. The said resolution was
approved and the proposal was sanctioned by
the State Government on 30.07.1981.
(3.) On 3.03.1986, the first Development Plan
under the Gujarat Town Planning & Urban
Development Act, 1976 (hereinafter the
'Development Act') was under preparation
for the Surat Urban Development Authority
(hereinafter 'SUDA'). During the pendency
of the said plan, the State Government
sanctioned the abovementioned proposal, and
therefore the land in question was kept
reserved for a vegetable market for SMC.;
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