5. Regarding the plea of the land being of green belt/agricultural zone, in addition to the above said evidence considered by CA, another fact also has come to notice. The certificate from Baroda Urban Development authority submitted by the appellant shows that the suit land was in the agricultural zone as per the Development plan approved on 21.9.1970 . However, another certificate dtd. 27.12.1979 at p.177/181 of CAs papers, submitted by the appellant, shows that in the Draft Development plan under consideration of BUDA the suit land was located in the residential zone. According to the provisions of TP Act, draft Development plan, for all practical purposes has the force of development plan. In any case, in the development plan since approved by the Govt., S.No.1001 is located in the residential zone. For this reason also, the appellant’s plea that the suit land is non vacant land falling in agricultural zone, cannot be accepted. (As per definition of master plan, the plan “for the time being in force” is to be considered; and there is no doubt therefore that irrespective of the location of the land in the plan of 1970, the suit land has now to be treated as non agricultural, non vacant land.)
