BHUPENDRABHAI MATHURBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This group of petitions being clubbed together by virtue of an order date 9/2/2021 have been taken up conjointly as per the request of learned advocates since common question of facts and law have arisen.

(2.) This group of petitions have been filed under Article 226 of the Constitution of India challenging the inaction of the authority in not handing over the possession of the land in question. So far as petition being Special Civil Application No. 16287 of 2020 is concerned, relief is sought to the effect that the respondent authorities be directed to hand over the possession of 316 sq.mtrs., as per Final Plot No. 42 forming part of the Town Planning Scheme No. 1 of Sayajipura to the petitioner in the interest of justice. The said relief is sought on the premise that the petitioner of this petition namely Bhupendrabhai Mathurbhai Patel is the owner of the revenue Survey Nos. 552/1, 553, 554 and 555 of Village Sayajipura, Taluka and District : Vadodara. On the said lands Town Planning Scheme came to be introduced and after implementation of the Town Planning Scheme all the survey numbers were initially given Original Plot No. 65 and subsequently were given Final Plot No. 42 admeasuring 11,589 sq.mtrs. The said claim came to be finalized by the State Government in the year 2010 and subsequently, notice under Sec. 68 of the Gujarat Town Planning and Urban Development Act (for short "the Act") came to be issued to the petitioner on 27/2/2013.

(3.) So far as another cognate petition attached to this group is concerned, which is Special Civil Application No. 10960 of 2020 is to the effect that the petitioner of this petition is the owner of original Plot no. 6/ Parvatinagar Society in sim of Village Sayajipura, Town Planning Scheme, Final Plot no. 42 earmarked for economically and socially backward class people from its original owners in the year 1998 and the petitioner of this petition is using this land as a godown, since he is carrying on wholesale business of selling cement and other construction material. According to the petitioner, this land is being used by the petitioner namely Plot No. 6 since about 20 years, regularly paying property tax as levied by the respondents since 2003, has become part of the Town Planning Scheme No. 1 which has come to the effect from 10/12/2010. After a pretty long period, respondent no. 2 issued notice on 12/6/2020 and gave only very short time of seven days, informing the petitioner to demolish the so called illegal construction and it is only the petitioner who received the notice and no other person in the very next neighbourhood is given such kind of notice of demolition or removal of encroachment and as such, aggrieved by the said notice, the petitioner preferred Special Civil Application for the reliefs which are quoted in para 8 which is reproduced hereunder :