LILGHAR HARUN FARIDBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners have challenged the impugned notice dtd. 18/1/2021 issued by the Corporation under Sec. 68 of the Town Planning Act as well as under Rule 33 of the Town Planning Rules, as the shops of the petitioners are going to be demolished, without giving opportunity of being heard as well as the Corporation has changed the alignment in the Town Planning Scheme suddenly.

(2.) Heard learned advocates for the respective parties.

(3.) Learned advocate for the petitioners has submitted that the petitioners are the small shop keepers and they are doing their own petty business and maintain their livelihood. He has relied upon the decision of this Court in the case of Sunilbhai Natvarbhai Patel versus State of Gujarat reported 2011 (2) GCD 1200 and in the case of Kishanbhai Hargovandas Patel versus State of Gujarat reported in 2010 (4) GLR 2867 and prays that if the Court is not inclined to grant relief to the petitioners, in the alternative, he prayed to give the opportunity of being raising an objection and/or making a representation / application to the petitioners before the respondent - Corporation and the respondent - Corporation may be directed to decide the same in accordance with law, as early as possible.