PATEL NATHABHAI RANCHHODBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Intra Court Appeal has been filed against the Order and Judgement of learned Single Judge dated 21.2.2011 dismissing the Special Civil Application No. 14239 of 2010 filed by the Appellant -Patel Nathabhai Ranchhodbhai , Bedipara, Ranchhodnagar Society, Rajkot and Labhuben S.Korat, D/o Ranchhodbhai vs. (1) State of Gujarat, (2) The Rajkot Urban Development Authority (3) The Town Planning Officer, Rajkot, (4) Collector and Private Respondent No.5 Ishwarbhai Savjibhai Patel (6) Hasmukbhai Savjibhai Patel (7) Kishorbhai Savjibhai Patel. The learned Single Judge has dismissed the Writ Petition filed by the Petitioner with the following observations:

(2.) The learned Counsel for the Appellant Mr.Harshit Tolia has urged before us that the Town Planning Authority had erred in granting the Development Permission on 7.10.2005 and that deserves to be cancelled because the Consolidation of the agricultural land belonging to the Petitioner-Patel Nathabhai Ranchhodbhai and land belonging to Respondent No.5 Ishwarbhai Savjibhai Patel total admeasuring to 36523 sq. mtrs bearing Revenue Survey No. 28/1 to 28/4 situated in village Vavdi, Taluka & District Rajkot was without any consent of the Petitioner and the proposed Final Plot No. 3/1 and 3/2 admeasuring 1834 sq.mtrs and 28,847 sq.mtrs jointly in favour of Respondent No.5 and the present petitioner-Appellant cannot be sustained and he submitted that the said permission was also under the signatures of the authority who purportedly did not even hold that office on the particular date. He also submitted that the Petitioner-Appellant never consented or filed any Affidavit though a reference has been made to such Affidavit of the Petitioner dated 31.5.2005 and, therefore, not only the said Development Permission dated 7.10.2005 deserves to be cancelled but the allotment of Final Plots No. 3/1 and 3/2 also cannot be sustained. He also drew our attention to certain subsequent developments in the form of a Report dated 3.10.2013 given by the District Panchayat Branch, Race Course, Rajkot, in which he sought to rely upon certain findings of the said Committee which would support his case of the said Development Permission being wrongly granted. The operative part of the said findings in the Report dated 3.10.2013 are quoted below for ready reference:

(3.) He further drew our attention towards another Communication dated 14.8.2014 of Mamlatdar, Rajkot Taluka addressed to Jilla Vikas Adhikari, Rajkot which also according to learned counsel for Appellant would support the cause of the Appellant-Petitioner.