SHAH PRADIPKUMAR KANTILAL POA FOR SELF AND HEIR OF KANTILAL Vs. PATAN MUNICIPALITY 3RD SPECIAL LAND ACQUISITION

JUDGEMENT

(1.) (Per: M.R.Calla,J) This Letters Patent Appeal is directed against the order dated 21.7.97 passed in Special Civil Application No.3956/97. The contents of this order are reproduced as under:-

(2.) The grievance of the petitioner is that plots Nos.5,6,15,16 and 26 belonged to him, will be going in road widening. As pointed out by Mr. Kodekar, and rightly so, that there was a settlement between the respondent No.1 Municipality and the petitioner and the said settlement was recorded on stamp papers Nos.70 71 purchased on 6/9/1996. In that, the petitioner had recorded that he intends to withdraw the proceedings that he had filed, challenging the road widening. The Municipality had offered to give 214 sq.mts. of land to the petitioner in exchange and the letter of the Municipality dt.19/8/1996 is also on record. The Municipality has recommended the case of the petitioner in that behalf and it is for the petitioner to follow it up with the State Government alongwith the respondent No.1, Municipality. There is no reason to entertain this petition. For this reason alone, he seeks to challenge the Town Planning Scheme which is finalised way back in the year 1987. The petition is, therefore, dismissed. Notice is discharged. No costs.

(3.) After the above order is dictated, Mr. Patel for the petitioner states that he will make a representation to the Government. On his making the representation, the same will be appropriately decided by the Government."