SANJAY BABUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed by the petitioners seeking direction to respondent no.2 authority to decide the objections dtd. 27/10/2021 and opportunity of hearing to the petitioners while such objections are being considered.

(2.) The petition pertains to Draft Town Planning Scheme No.77 (Vajdi Gadh) submitted to the State under Sec. 48 of the Gujarat Town Planning and Urban Development Act, 1976 ("the Act" for short).

(3.) Learned advocate for the petitioners drew attention of this Court to the order passed by this Court in Special Civil Application No.12295 of 2020 dtd. 08/10/2020 and submitted that in similar terms, the case of the petitioners may also be considered and the objections of the petitioners may be considered in its true perspective as the petitioners apprehend that the objection by the petitioners and exercise of consideration under Sec. 47 of the Act may remain empty formality and thereafter the petitioners may be remained remedy-less once the Town Planning Scheme is finalized.