KIRAN ARVINDLAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed seeking direction to withdraw the Reservation No. 198 ad measuring 258 square meters of the land as the same being illegal contrary to the provisions of Gujarat Town Planning and Urban Development Act, 1976 and the same has been passed without taking into consideration the objections raised by the petitioner. The relief is also prayed to declare that the Authorities have failed to effect the reservations for road and other purposes as provided for under the very Act from all the three plot holders of Final Plot No.45, 172, 173 as a result of which the deduction of the land in the individual Plot is discriminatory and disproportionate.

(2.) It is the case of the petitioner that the petitioner and two other individuals were the purchasers of plot of land bearing Revenue Survey No.50 of Village Gotri, District Vadodara. The Plots were purchased by the petitioner, one Dr. Mrudulaben Sharma and one Shri Arvindbhai Prabhudas Acharya from the legal heirs of the original owner Shri Ambalal Madhavbhai Patel. The petitioner purchased the plot No.1 ad measuring 1500 square meters. Shri Arvindbhai Prabhudas Acharya purchased plot 387.66 square meters and Dr. Mrudulaben Sharma purchased plot ad measuring 1239.35 square meters.

(3.) It is the case of the petitioner that when the intention to frame the Town Planning Scheme Gotri No.60 was declared, road of Survey No.50 was covered and therefore, the petitioner had submitted objections. The Draft Town Planning Scheme thereafter came to be sanctioned. However, such objections were not considered, the petitioner filed Special Civil Application No.6439 of 2009, which came to be disposed of with the directions that the Town Planning Officer may consider the same at appropriate stage.