NARSHIBHAI RAGHAVBHAI SAVANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) We have heard Mr. Navin Pahwa, learned Counsel appearing for the appellants, Ms. Jirga Jhaveri, learned Assistant Government Pleader for respondent Nos. 1 and 2 and learned Senior Counsel Mr. Prashant Desai, assisted by Mr. Kaushal Pandya, appearing for respondent No. 3.

(2.) Though this matter is listed for admission, with the consent of the learned Counsel for the parties, we have taken up this matter for final disposal as the facts are not disputed. Mr. Navin Pahwa, learned Counsel appearing for the appellants has urged that once the State Government has revised preliminary scheme under Section 65 of the Gujarat Town Planning and Urban Development Act, 1976 (For short "the Act"), then the entire proceedings have to be started de novo from the stage of Section 40 and fresh draft scheme is required to be prepared by the local Authority. He has further urged that all the restrictions imposed would cease in view of Section 49 (1)(g) of the Act. The facts are that the appellants were occupying the land bearing survey Nos. 5 and 6 situated at Dumbhal, Ta: Choryasi, Dist: Surat. Surat Municipal Corporation proposed draft town planning scheme 33 under the provisions of the aforesaid Act. The draft scheme was also sanctioned by the State Government under Section 48(2) of the Act on 21.1.2000. Thereafter, preliminary scheme was required to be prepared and the State Government appointed Town Planning Officer who prepared a preliminary scheme. When preliminary scheme was sent to the State Government for grant of sanction, the State Government refused the sanction by letter dated 1.7.2010 conditionally. The sanction was refused by the State Government with a direction contained in the Schedule which was required to be followed by Town Planning Officer and therefore, preliminary scheme was required to be prepared.

(3.) The facts emerging in the present case are as under : -