YOGESH SHIVLALBHAI THUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs:

(2.) The Brief facts of the present case, as emerged from the petition, are as under:

(3.) Affidavit-in reply on behalf of respondent No.3 has been filed at Page 78, wherein, while admitting the facts of the finality of the Scheme in 1998 as well as the fact of 12 mtrs road proposed in final Scheme, it has been contended that the Corporation has received various representations from the persons affected by 12 mtrs road and, therefore, to minimize the loss to the affected persons, the respondent had made proposal for variation to shift the T.P. Road in Society's internal road by changing the width to 12 mtrs road so that Final Plot No.40 and 52 also get approach of T.P. Road. It is also contended that the Town Planning Committee had passed Resolution No.10/18 dtd. 26/6/2018 and declared the intention as required under Sec. 41(2) of the Town Planning Act, 1976 to vary the Town Planning Scheme No.15 (Fulpada) Surat under Sec. 71 of the Gujarat Town Planning and Urban Development Act, 1976. It is contended that pursuant to the proposal dtd. 21/2/2019 moved by the Commissioner, the Town Planning Committee passed Resolution No. 11/19 dtd. 28/2/2019 to publish a Draft Scheme (third) and authorized the Commissioner to initiate further process for variation in the Scheme. It is contended that pursuant to the said Resolution, public notice had been issued and objections were invited from affected persons, and thereafter Draft (3rd varied) Scheme has been prepared and submitted to the State Government for its sanction under Sec. 48(1) of the Act, 1976.