JAYANTIBHAI BAGHUBHAI SHYANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition, petitioner has prayed for the following reliefs:

(2.) Heard Mr. Dipal R. Ravaiya, learned counsel appearing for the petitioner, Mr. Bhargav Pandya, learned Assistant Government Pleader appearing for the respondent-State, Mr. H.S. Munshaw, learned counsel appearing for the respondent no.2- Rajkot Urban Development Authority (RUDA) and Mr. Nishant Lalakiya, learned counsel for Mr. Hriday Buch, learned counsel appearing for the respondent No.3- Rajkot Municipal Corporation (RMC).

(3.) It appears that the present petitioner is the owner and occupier of Survey No.322/8 of Village: Kothariya, Tal. & Dist.: Rajkot. The petitioner was inclined to develop the land, petitioner represented to the respondent authority that since the project of check-dam has been dropped, the zone of the land in question be changed. However, it was informed to the petitioner by the respondent no.3 by a communication dtd. 21/7/2014 that since respondent no.2 - Rajkot Urban Development Authority (RUDA) is revising the Development Plan, the representation of the petitioner would be considered in light of the same. It appears that the petitioner preferred a representation on 30/5/2014 alongwith the reply dtd. 21/7/2014. It further appears that the petitioner asked for zoning certificate from the respondent no.2 and it was informed to the petitioner that the revised Development Plan, 2031 has been prepared and the land is kept in reservation for the Recreation Centre and in Development Plan 45 meters road is also prescribed. The Notification dtd. 15/6/2016 has been issued by the State Government to the said effect under sub-clause (2) of clause (a) of sub-Sec. (1) of Sec. 17 of the Gujarat Town Planning and Urban Development Act, 1976. It appears that the petitioner has preferred various representations requesting for changing the zone from agriculture land in question situated in Village: Kotharia, in view of the aforesaid notification.