KALUBHAI NAGJIBHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. M.A.Parekh for the petitioner and learned Assistant Government Pleader Ms. Asmita Patel for the respondent State who appeared upon service of copy of petition in advance.

(2.) By filing this petition under Article 226 of the Constitution, the petitioner has prayed to set aside the notice dated 14.9.2020 issued by the Mamlatdar, Vatva, Ahmedabad. It is next prayed to learned respondent No.2, Collector, Ahmedabad to consider the written representation dated 29.6.2019 of the petitioner. The impugned notice requires the petitioner to clear the encroachment on the land bearing survey No.376/7 admeasuring 65sq.mts at Vatva, Ahmedabad.

(3.) The case of the petitioner is that he has been occupying since 1987 the said piece of land on which his resident is built. It is the case that under the Gujarat Unauthorized Development Act, the occupation of and construction on the said piece of land came to be regularized by order dated 11.10.2013 passed by the competent authority. It was stated that Final Town Planning Scheme came to be sanctioned by the State Government by Resolution dated 29.7.2017 under Section 65(1) of the Gujarat Town Planning and Urban Development Act, 1976.