SULTANBHAI JAMALBHAI MANSURI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These group of petitions under Article 226 of the Constitution of India are arising out from the same identical issues with regards to the Town Planning Scheme No.93 A (Maktampur). The same are taken up for joint hearing and disposal. The facts are taken up from Special Civil Application No.6505 of 2022.

(2.) Learned Advocate for the petitioners submitted that the petitioners are occupants in the Housing Society and are occupying their respective residential premises and when the Town Planning Scheme No.93 A (Maktampur) came to be framed, the Draft Town Planning Scheme came to be sanctioned at that time. It came to the knowledge of the petitioners that plot of land on which the residential premises of the petitioners is located, has been reserved for the purpose of social infrastructure.

(3.) Learned Advocate for the petitioners has drawn attention of this Court to Annexure P7, which is the Plan, which according to the petitioners gives Fina Plot to the entire residential society, which even as per the Revenue Record of Village Maktampur indicates to be that of society, where the petitioners residences located. From that in the draft plan, Final Plot No.36 is caved out for the aforesaid purpose.