PATEL VISHNUBHAI NARANDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed by the petitioner for quashing and setting aside the notification No.GH/v/176 of 2020/DVP-272018-6452-L dtd. 11/11/2020. It is the case of the petitioner that the notification and proposed modification in the development plan is directly affecting the petitioner to extent of shop No.4/B, 4/C and residential plot Nos.7, 8 and 13 would be adversely affected. It is submitted that the petitioner is co-owner and occupying the aforesaid property which is situated on land bearing survey No.932 and 937 of village Nagalpur, Taluka and District: Mehsana.

(2.) Learned advocate Mr. Jigar Gadhavi for the petitioner has taken the Court through the relevant documents placed on record and submitted that the petitioner has filed a detailed objections/suggestions to the draft scheme in so far as it affects the immovable property of the petitioner mentioned hereinabove. However, though provided for and also mentioned in the impugned notification, the objections and suggestions of the petitioner has not taken into consideration and therefore, the respondent-authorities have acted against the provisions of law. It is submitted that not only did the petitioner has raised his objection, but had also made several suggestions which are viable and would be in the benefit of the public at large, not only to the petitioner.

(3.) At this stage, learned Assistant Government Pleader has placed on record notification dtd. 27/7/2021 bearing No. No.GH/ v/81 of 2021/DVP-272018-6452-L and therefore, the draft development plan is now sanctioned under the aforesaid notification.