PARSHOTTAMDAS RAMDAS PATEL Vs. MUNICIPAL CORPORATION AHMEDABAD

JUDGEMENT

(1.) All these petitions raise common questions of law. Therefore they are decided by this common judgment.

(2.) Ahmedabad Municipal Corporation has framed Town Planning Scheme No. 29 which was provisionally sanctioned on 21st Novel 1968 and finally sanctioned on 1/02/1976. All the lands with which we are concerned in this group of petitions are comprised in Town Planning Scheme No. 29. They are agricultural lands. Survey No. 126/1/1 and Survey No. 171/1/1 in Special Civil Application No. 3295 of 1979 (and no other lands species in that petition) and all lands with which at other petitions are concerned have been reserved under the Town Panning Scheme for construction of houses for the employees of the Ahmedabad Municipal Corporation. On 31/03/1976 Government of Gujarat issued notification under sec. 4 of the Land Acquisition Act 1894 in respect of the aforesaid lands. It was published on 8/04/1976 Enquiry under sec. 5A of the end Acquisition Act was held. Thereafter on 27/03/1979 declaration under sec. 6 of the land Acquisition Act was made and it was published on 5/04/1979. The lands are sought to be acquired under the aforesaid notifications for a public purpose viz. construction of houses for the employees of the Ahmedabad Municipal Corporation.

(3.) Prior thereto on 26/08/1974 Ahmedabad Municipal Corporation passed a Resolution in which it was resolved that the aforesaid lands be purchased at the rate of Rs. 43 per square yard under an agreement which was entered into with the owners of those lands. However the lands were not actually purchased.