LAWS(GJH)-2011-3-222

KARTIK MOHANBHAI PATEL Vs. STATE OF GUJARAT

Decided On March 28, 2011
Kartik Mohanbhai Patel Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By way of the present appeal, the Appellant-original Petitioner seeks to challenge judgment and order dated 15th September 2010 passed by the learned Single Judge wherein the petition of the Appellant-writ Petitioner came to be dismissed.

(2.) The brief facts relevant for the purpose of deciding the present appeal can be summarised as under:

(3.) The record reveals that the aforesaid petition was taken up for hearing by the learned Single Judge and during the course of hearing it was submitted on behalf of the State of Gujarat that as per the provisions of law once preliminary scheme is sanctioned under Section 65 of the Gujarat Town Planning and Urban Development Act, 1976 (hereinafter referred to as "the Town Planning Act"). The only remedy available with the aggrieved party is to approach the State Government under Section 70 or 71 of the Town Planning Act. It was also submitted on behalf of the State Government that as the applicant has not preferred any application for variation of the Town Planning Scheme, as provided under Section 70 and 71 of the Town Planning Act, the petition was not maintainable. In that view of the matter, the learned Single Judge relegated the Appellant to approach the State Government by preferring the appropriate representation for variation in the scheme under Section 70 of the Act. With these directions, the petition was ordered to be disposed of.