DEEPAKKUMAR SHAMBUBHAI DOCTOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of filing the present petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

(2.) The brief facts giving rise to the present petition are as under:

(3.) The affidavit-in-reply came to be filed on behalf of respondent No.2 Corporation by one Mr. Sujalkumar D. Prajapati, Executive Engineer, South Zone (Udhna) (A), Surat Municipal Corporation, Surat at page-26. While endorsing the contention of Draft Scheme and the allotment of Final Plot, as contended by the petitioner, it is submitted that a piece of land bearing original Plot No. 262 admeasuring 9525 sq. mtrs was allotted as Final Plot No. 385 admeasuring 8136 sq. mtrs. It is contended that from the Re-distribution and Valuation Statement Form-F, it would be clear that the rights of owners in Final Plot are as per their share in the original plot and it is an internal matter of the original owners and their heirs. It is contended that a piece of land bearing Final Plot NO. 386 (open space) admeasuring 969 sq. mtrs is reserved for Surat Municipal Corporation. It is contended by respondent No.2 that it has not encroached upon any part or portion of land bearing Final Plot No. 386 adjacent to Final Plot No. 385. It has also contended that the respondent No.2 has nothing to do with the internal matter of the family members/ owners of the land as mentioned in Form F and it has nothing to do with any internal problem of the petitioner with co-owners of family members, etc. According to respondent No.2, the petitioner is suppose to deal with the same and resolve the same independently without dragging Surat Municipal Corporation into such controversy. It is also contended that even Notices were issued on 26/11/1987 for removal of encroachment as part of the land of Final Plot No. 385 was encroached upon and the same was required to be removed and kept open for 40 feet wide Town Planning Scheme road as well as plots reserved for Surat Municipal Corporation.