THAKKAR KIRANKUMAR LALJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN this Appeal the appellant original writ petitioner seeks to challenge the order dated 27/7/2010 passed in Misc. Civil Application seeking review of the judgment and order passed by the learned Single Judge dated 1/7/2006 in Special Civil Application No.4447/2003 whereby the learned Single Judge disposed of the petition with some observations and directions.

(2.) THE facts relevant for the purpose of deciding this appeal can be summarized as under : 2.1) THE appellant original petitioner, preferred Special Civil Application No.4447/2003 challenging the legality and validity of the decision of the respondents herein, more particularly respondent no.3 Town Planning Officer as contained in communication dated 3/3/2003 with respect of City Survey No.2926 situated in Anjar, allotted as Original Plot No.543 and reconstituted as Final Plot No.543 in exercise of powers under the provisions of THE Gujarat Town Planning & Urban Development Act, 1976 (hereinafter be referred to as the Act). THE appellant also challenged the Notice dated 30th January, 2003/ 5th February, 2003 issued by the respondent no.2 and also challenged the communication dated 28th October, 2002 of respondent no.2 herein. THE challenge substantially is with regard to reconstitution of the reconstituted Plot No.543 of T.P.Scheme No.1 of Anjar carved-out of City Survey No.2926. It appears that there was a land which was of the ownership of a Trust called Ajepar Jagir Trust situated at Anjar Town, Ta: Anjar, District Kutchh. Same was given City Survey no.2926. THE area of the said land was 533.68 sq.mtr. equivalent to 622.2 sq.yards. THE said land which was of the ownership of Ajepar Jagir Trust was taken on yearly rent of Rs.322.56 ps. by Bharat Refinaries which was an Oil Company prior to the nationalization of the Oil Companies in the Country. It appears that on the said land there was a Petrol Pump of Burma Shell which was at the relevant time an Oil Company. THE said petrol pump was licensed to one Lalji Bechar & Company, a Sole Proprietorship firm of the appellant herein. THE petrol pump appears to be in existence since 1956. After the nationalization of the Oil company in 1970, Burma Shell became Bharat Petroleum Corporation Ltd. and Lalji Bechar & Company continued to be its authorized Retail Outlet petrol pump and still continues as authorized retail outlet of BPCL.

(3.) ANJAR Area Development Authority came into existence and after its constitution, Draft Development Plan was prepared and a meeting of owners of the land was convened on 23rd May,2002. Record revealed that within four days thereafter on 27th May, 2002 Draft Town Planning Scheme-I was published in the Government of Gujarat gazette which was preceded by publication within two days in the newspapers on 25th May, 2002.