JYOTSNABEN RAJENDRA DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition has been filed by the Petitioner under Article 226 of the Constitution of India as well as under the provisions of the Gujarat Town Planning and Urban Development Act, 1976 for the prayers inter alia that the appropriate writ, order or direction may be issued by holding and declaring that the Development Plan dated 01.07.1987 and Notification issued by the Respondent No. 1 qua the Petitioner's land has been lapsed under the provisions of Section 20(2) of the Act and has also prayed for consequential relief regarding stay of implementation, operation and execution of the Development Plan and also restraining the Respondents from taking steps as per the notice dated 22.02.2011 on the grounds set out in the memo of petition.

(2.) Heard learned senior Counsel, Mr. A.J. Patel appearing with learned Counsel, Mr. A.M. Parekh for the Petitioner, learned A.G.P., Mr. H.K. Patel for the Respondent No. 1-State of Gujarat and learned Counsel, Ms. Jirga Jhaveri for the Respondent No. 3-Municipality.

(3.) After the submissions were made, ultimately learned senior Counsel, Mr. Patel has fairly stated that as the Petitioner is having shop, which is the source of his livelihood, at-least some directions may be given so that he can acquire alternate suitable premises.