In a significant ruling protecting landowners from prolonged uncertainty, the Gujarat High Court has held that authorities cannot keep private land under reservation for decades without acquiring it. The Court ruled that once the statutory timeline under the Gujarat Town Planning and Urban Development Act expires, the planning authority cannot defeat a landowner's accrued rights by initiating revision proceedings at a later stage.
Background of the Case
The petition was filed by Ajaykumar Babulal Gehlot, owner of land bearing Survey Nos. 41 and 42/P4 at Village Nava Deesa in Banaskantha district. According to the petitioner, the land had remained reserved for a Development Plan (DP) Road since the original development plan of 1975. The reservation continued in the revised plans of 1994 and again in the revised Development Plan sanctioned in 2016.
The petitioner argued that despite the reservation continuing for nearly five decades, no acquisition proceedings were initiated. After serving a purchase notice under Section 20(2) of the Gujarat Town Planning and Urban Development Act on May 4, 2022, he claimed that the authorities still failed to acquire the land within the statutory six-month period.
The Deesa Nagarpalika opposed the plea, contending that the ten-year period should be calculated from the revised Development Plan that came into force in 2016. On that basis, it argued that the purchase notice itself was premature.
Court's Observations
Justice Niral R. Mehta undertook a detailed examination of Sections 20 and 21 of the Gujarat Town Planning and Urban Development Act, 1976.
The Court observed that Section 20(2) is intended to prevent authorities from keeping private land under reservation indefinitely without acquisition. It explained that once land is neither acquired nor acquisition proceedings are initiated within ten years, and the owner serves a statutory notice, the authority must either acquire the land or commence acquisition proceedings within six months. Otherwise, the reservation automatically lapses by operation of law.
The Court further clarified that the power to revise a Development Plan under Section 21 cannot be exercised at any indefinite point of time.
Rejecting the interpretation advanced by the planning authority, the bench observed:
"The power of revision, though statutory, is required to be exercised strictly in the manner and within the time frame prescribed by the Legislature."
The Court also emphasized that allowing authorities to initiate revision proceedings after a landowner's statutory rights have already accrued would make the safeguard under Section 20(2) meaningless.
As the bench explained:
"The object is to ensure that private property is not kept under reservation indefinitely without acquisition."
Court's Decision
Applying these principles to the present case, the High Court noted that the petitioner's land had remained under reservation for almost fifty years. It found that the authorities had neither acquired the land within the statutory period nor initiated valid revision proceedings within the period contemplated under Section 21.
The Court also recorded that although the petitioner served the statutory notice on May 4, 2022, no acquisition proceedings were commenced within six months.
Holding that the statutory consequences under Section 20(2) had therefore come into effect, the Court declared that the reservation over Survey Nos. 41 and 42/P4 had lapsed.
Accordingly, the Special Civil Application was allowed, the Rule was made absolute, and no order as to costs was passed. After pronouncing the judgment, the Court also rejected the respondent's request to stay implementation of the decision.
Case Details
Case Title: Ajaykumar Babulal Gehlot v. State of Gujarat & Ors.
Case Number: R/Special Civil Application No. 9037 of 2023
Judge: Justice Niral R. Mehta
Decision Date: 29 June 2026
