SURESHBHAI MITHABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned advocate Mr. Deep Vyas waives service of rule on behalf of respondent No.2 and learned AGP waive service of rule on behalf of respondent Nos.1 and 3.

(2.) This petition under Article 226 of the Constitution of India is filed by the petitioners for quashing and setting aside the order dtd. 28/6/2016 passed by the committee under the Urban Housing and Urban Development Department (UDHD) in a case being TPS/52(North Ghodasar)/sec.67/4184. The petitioners had prayed for implementing of the town planning scheme No.52- Ghodasar North by earmarking and handing over the vacant and peaceful possession and allotting separate final plot against the land bearing originally Hissa No.2 of survey Nos.274+284+285 of village Ghodasar. In the alternative, the petitioners have also sought direction to the respondents to make allotment of Final Plot No.103 or any other plot in the same scheme bearing identical measurements as the land bearing Hissa No.2 of of survey Nos.274+284+285 of village Ghodasar.

(3.) It is the case of the petitioners that the original survey Nos. 274, 284 and 285 of village Ghodasar were sold since 1942 from time to time and ultimately, the family members of the petitioners proposed to purchase part of the aforesaid survey numbers admeasuring 4593 Sq.mtrs, under agreement to sale in the year 1994. The aforesaid transfer was not a clear sale, but an understanding between the original owner and the petitioners herein in connection with the aforesaid land. It appears that the draft town planning scheme was framed and in that scheme, a road was carved out which was passing through the land identified as Hissa No.2 and therefore, original owners made representations to the respondent authorities, objecting to carving out of the road through the land. It appears that on 31/7/2000, a notice came to be issued to the petitioners for vacating lands so as to enable the respondent-corporation to use the land for laying down of a water line. Against which also a representation was made however, in the draft town planning scheme, four final plots being 46/1, 46/2, 46/3 and 46/4 were proposed to be allotted to all the owners jointly of the land bearing survey Nos.274, 284 and 285. At that time also, the authorities were made aware about the fact that the said Hissa/portion of the land jointly owned by different owners.