BALABHAI DEVABHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These two petitions are pertaining to the Town Planning Scheme No.79 of Bhat-Sugadh. Both the petitions are filed by the same petitioner and are interconnected. Hence, at request of all, both the petitions are taken up for joint hearing and disposal.

(2.) From the pleadings, it appears that the orders passed at interim stage in Special Civil Application No.9517 of 2016 and the subsequent development at the hands of the respondent- Corporation has given rise to filing of Special Civil Application No.1921 of 2022 and therefore, basic contention in the subsequent petition being Special Civil Application No.1921 of 2022 is that while the previous petition being Special Civil Application No.9517 of 2016 was pending and interim relief in terms of 19 (c) was granted, the Authorities could not have issued notice dtd. 7/10/2021 issued under Sec. -67 of Gujarat Town Planning and Urban Development Act. Therefore, facts are recorded from the previous petition i.e. Special Civil Application No.9517 of 2016.

(3.) This petition under Article 226 of the Constitution of India is filed with prayers as under: