NARSHIBHAI RAGHAVBHAI SAVANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) LEAVE to amend as prPPayed for is granted.

(2.) BY way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for an appropriate writ, direction and order to quash and set aside the impugned notification dated 01.07.2010 issued by respondent no.1, by which in exercise of the power under Section 65 of the Gujarat Town Planning and Urban Development Act, 1976 (herein after referred to as ?the Act?) the State Government has refused to sanction the Preliminary Town Planning Scheme No.33(Dumbhal) Surat and has directed the Town Planning Officer to draw the preliminary scheme afresh considering the (A) The observation of the inquiry report annexed herewith and (B) Representation received by the Government, as per the provision of the Act and thereafter submit the same to the State Government. 2.1. It is also further prayed for an appropriate writ, direction and order directing the respondents to sanction the preliminary scheme submitted by the Town Planning Officer being Preliminary Town Planning Scheme No.33 (Dumbhal), Surat Municipal Corporation.

(3.) PETITION is opposed by Shri Prashant Desai, learned Senior Advocate appearing with Shri Kaushal Pandya, learned advocate for the respondent Surat Municipal Corporation as well as Shri Pranav Dave, learned AGP appearing on behalf of the State Government. It is submitted by learned counsel for the respondents that the impugned notification issued by the State Government refusing to sanction the proposed Preliminary Town Planning Scheme No.33 (Dumbhal) Surat is absolutely in accordance with law and considering Section 65 of the Act. It is submitted that after Preliminary Town Planning Scheme was received from the Town Planning Officer number of objections/complaints were received by the State Government against the Preliminary Town Planning Scheme inclusive of objections from the Corporation in which allegations were made against the Town Planning Officer that he has prepared the Preliminary Town Planning Scheme illegally and even contrary to the Draft Town Planning Scheme which was sanctioned by the State Government and thereafter after holding necessary inquiry and having found that the Preliminary Town Planning Scheme suggested by the Town Planning Officer is absolutely illegal, the State Government has rightly refused to sanction the said scheme in exercise of powers conferred under Section 65 of the Act. It is submitted that now fresh Preliminary Town Planning Scheme shall be prepared by the Town Planning Officer and at that stage the petitioners and all other persons shall be given an ample opportunity to make their suggestions and objections as required under the provisions of the Act and Rules, which are required to be sent to the State Government along with such Preliminary Town Planning Scheme.