BHALAJI GANPATJI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Articles 226 and 300-A read with Articles 14, 21 and 19(1)(g) of the Constitution of India, the petitioners have prayed for the following reliefs :-

(2.) It is the case of the petitioners that in respect of sanctioned preliminary Town Planning Scheme No. 3 (Bopal) for land bearing Revenue Survey No. 473/A/1/1, being admeasuring 19121 sq.mtrs., which was given OP No. 170/2/1 admeasuring 19121 sq.mtrs., which is given Final Plot No. 170/2//1 and 170/2/2 of mouje Bopal, Taluka Daskroi, District Ahmedabad. It is the case of the petitioners that an application under Sec. 70 of the and Sec. 71 of the Gujarat Town Planning & Urban Development Act, 1976 (the "Act" for short) came to be preferred by the petitioners way back on 13/8/2020 and the main grievance raised by the learned advocate for the petitioners is that despite the said having been pending since August, 2020, the same is not even examined by the authority concerned nor has taken any decision of any nature on such application, which has constrained the petitioners to approach this Court by way of present petition.

(3.) Today, when the matter is taken up for hearing, learned advocate Mr. Rutul P. Desai, appearing for the petitioners has drawn attention of this Court to an order dtd. 10/2/2021, whereby the Court was pleased to issue notice upon the authority and since then also the pending application as stated above is not dealt with at all and as such, a request is made to direct the concerned authority to take appropriate steps and consider the said application on its own merit within some stipulated time otherwise there is a possibility of creating of irreversible situation. To substantiate his request, learned advocate Mr. Desai has drawn attention of this Court to an order dtd. 20/2/2019 passed in Special Civil Application No. 10386 of 2015 in which on similar situation, the Court was pleased to issue direction upon the authority while disposing of the petition and as such, has requested that on the same line, the present petition also deserves to be disposed of.