AMITSINH MERUBHAI GOHIL Vs. SULEMANBHAI IBRAHIMBHAI DERAIYA

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner.

(2.) THIS petition is filed by the petitioner under Article 226 of the Constitution of India challenging the order dated 16.08.2011 passed by the Deputy Town Planner, Town Planning Department, Municipal Corporation, Bhavnagar ­ respondent No.4 herein.

(3.) IN the above back drop of facts, learned Counsel for the petitioner contends that the land in question was purchased by the petitioner by way of a Sale Deed and there was no mention about reservation either for public purpose, much less of any right of Banker's Society. The petition is filed with a view to see that no such construction is carried out. However, the decision taken by the Town Planning Officer of rejecting the application to sanction the plan for construction over the plot, is not only contrary to law, but against the opinion given by the Advocate that Banker's Society had no right over the Plot.