PRITI CORPORATION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner - Priti Corporation along with three others is before this Court challenging the action of the respondents of giving effect to the final development plan as modified and published on 25.04.1994 insofar as it impliedly proposes and/or sanctions and/or approves the proposed road passing through land bearing revenue survey Nos.102, 103, 104, 106 and 141 of the petitioners. The petitioners have prayed that the respondents be restrained from giving effect to the final development plan as modified and published on 25.04.1994 and they be further restrained from taking any steps in the direction to put up proposed road passing through the land bearing aforesaid revenue survey numbers of the petitioners. The petitioners have also prayed that the respondents be directed to maintain status quo, qua deletion of part of the proposed road as per notification dated 02.11.1991. The petitioners had also prayed for interim relief.

(2.) Today when the matter is called out, learned Advocate Mr.Rathod for the Deesa Nagarpalika requested for some time as the reply to the amended petition is not filed by the Nagarpalika.

(3.) Learned Advocate Mr.J.R.Nanavati appearing with learned Advocate Mr.K.D.Vasavada for the petitioners submitted that contention raised by amendment is a pure question of law and as a decision of the Hon'ble the Apex Court in the matter of Bhavnagar University Vs. Palitana Sugar Mill (P) Ltd. & Ors., 2003 2 SCC 111 is relied upon, the matter be taken up for consideration and if it is found necessary to have reply to the amended petition, request of the Municipality for time may be considered.