JAGDISHBHAI HERALAL MALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned AGP waives service of rule on behalf of respondent State. Learned advocate Mr.Maulik Nanavati waives service of rule on behalf of respondent no.3.

(2.) The brief facts of the petition are as under:-

(3.) The affidavit in reply on behalf of respondent no.3 has been filed wherein it has accepted the implementation of the Town Planning Scheme and the averment of the petitioner regarding sanctioning of the requisite final plot. However, it is contended that it is for the Town Planning Officer to clarify if the area of about 2 acres and 15 gunthas of the petitioners have been inadvertently ommitted from being treated as separate plot of land or has erroneously being clubbed with developed individual plot as per the approved lay out plan. It is contended that in case of former the person concerned will be entitled to a separate plot of land whereas in case of later, the clubbing is erroneous than it will have to be appropriately remitted by recognizing the area of land as a distinct parcel of land belonging to the concerned person. It is contended that on receipt of the clarification from the Town Planning Officer appropriate action may be taken. It has prayed to dismiss the petition.