BAKORBHAI VARADHBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this group of petitions, the petitioners have challenged the action of the respondent authority and have prayed for the following reliefs :-

(2.) Since the common questions of law and fact have arisen in this group of petitions, the facts are taken from Special Civil Application No.13617 of 2021 by treating the same as lead matter. The petitioners are the owners and occupiers of the residential units located in Krishna Park Society in Revenue Survey No. 238/1- A of Mouje Bopad, Taluka Vadodara, District Vadodara, Sub District Vadodara (Vibhag - 2). On account of implementation of Town Planning Scheme, the road widening activity came to be initiated, as a result of which, certain parts of residential units of the petitioners are to be affected and under the threat of demolition of residential parts of their units, the petitioners have approached this Court by way of this group of petitions.

(3.) During the course of hearing, learned advocate Mr. Ishan Patel for the petitioners, under the instructions, has stated before the Court that the petitioners would like to make an appropriate representation before respondent No.2 authority which is to take an action of road widening and would make a request to consider the grievance and to see that no property be dismantled. Learned advocate Mr. Patel has stated that such representation would be filed preferably within a period of two weeks from today and has, in turn, requested not to express any opinion on merits since the authority is to be approached by the petitioners. Simultaneously, learned advocate Mr. Patel has made a request that till the authority takes a decision on such representation within the stipulated period, no coercive steps or demolition be undertaken so as to avoid damage to the properties of the petitioners. Learned advocate Mr. Patel has further requested that while taking a decision, the authority may grant an appropriate opportunity to explain the circumstances before it and for that, some representatives may be given an opportunity of hearing. No other submissions have been made.