BABUBHAI MEGHJIBHAI DHAMELIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.N.K.Majmudar, learned advocate for the petitioners in both these petitions under Art. 226 of the Constitution of India. For the purposes of this order, the facts of Special Civil Application No. 22189 of 2019 are discussed.

(2.) The prayer in this petition is to direct the respondent authorities to consider and decide the application dated 25/11/2019. Mr.Majmudar, learned counsel for the petitioner would draw the attention of the Court to the fact that the petitioners have made an application on 25/11/2019 in the Town Planning Scheme No. 20 on the ground that the dwelling units of the petitioners will have to be demolished in case the Scheme did not vary as a result of construction of the road. The other prayer is that the respondents be restrained from carrying out the construction of the Town Planning Road.

(3.) During the course of the arguments, Mr.Kaushal Pandya, learned counsel appearing for the Surat Municipal Corporation pointed out that in fact the request for variation was rejected in the year 2018 by a communication dated 12/3/2018. This communication is also annexed by the petitioner.