SURAT SURVEYORS PLANNERS ASSOCIATION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates. The petitioners before this Court are the Association of Surveyors and Planners of Surat city and some of its members. The petitioners challenge the modification incorporated in the Draft Development Plan prepared by the Surat Urban Development Authority [hereinafter referred to as, `the Authority'] with respect to the development of the city of Surat and the surrounding urbanizable lands. The impugned modification has been made by the State Government under the powers conferred under sub-clause (ii) of clause (a) of sub-section (1) of Section 17 of the Gujarat Town Planning and Urban Development Act, 1976 [hereinafter referred to as, `the Act'], under the Notification dated 31/01/1986.

(2.) It appears that prior to the impugned Notification, Regulation 9.5 of the Draft Development Plan prepared by the Authority reads as under :-

(3.) In view of the above modification, it is only the licenced Architects and licenced Engineers who are permitted to prepare and execute the plans and designs for the high rise buildings i.e., the Surveyors are precluded from preparing and executing the high rise buildings. It is this modification which is the cause of action in the present petition.