PRAJAPATI BAKORBHAI SOMABHAI Vs. BHIKHBHAI PARSHOTTAMBHAI PATEL

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India petitioner, who is subsequent purchaser of the final plot (FP) and who has purchased the FP much after the Town Planning Scheme became final, has prayed for following reliefs in paragraph 11:

(2.) The facts leading to filing of the present petition in nut-shell are as under:

(3.) Shri P.R. Thakkar, learned advocate appearing on behalf of the petitioner has vehemently submitted that as such respondent Nos.1 and 2 have either encroached upon 261 sq.mtrs. of land which is out of FP No.17 which is allotted to the petitioner/his predecessor in title under the finalized Town Planning Scheme. It is further submitted by Shri Thakkar, learned advocate appearing on behalf of the petitioner that while allotting FP No.16, there is an error/mistake committed by the Town Planning Authority and there is overlapping of 261 sq.mtrs. of land out land of FP No.17 is also allotted while allotting FP No.16 and therefore, to that extent the Town Planning Scheme is required to be varied and the said overlapping of 261 sq.mtrs. of land is to be allotted to respondent Nos.1 and 2 at other place. It is submitted that infact the petitioner had already put up the construction on FP No.17 after obtaining necessary permission from the Town Planning Authority inclusive of the disputed 261 sq.mtrs. of land and therefore, if the scheme is not varied and respondent Nos.1 and 2 are permitted to put up the construction and/or developed the land inclusive of overlapping 261 sq.mtrs. of land, in that case, the construction put up by the petitioner is likely to be affected. It is submitted by Shri Thakkar, learned advocate appearing on behalf of the petitioner that even there is a boundary made by the appropriate authority by putting stones while handing over the possession of FP Nos.16 and 17 to the respective land owners, still respondent Nos.1 and 2 are trying to encroach upon 261 sq.mtrs. of land from the land bearing FP No.17. Therefore, it is requested to admit/allow the present petition.