VASANTBEN VALLBHBHAI GOLAKIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) LEARNED Assistant Government Pleader wavies service of notice of Rule for respondents Nos.1 to 3 and Mr. Dhaval G. Nanavati, learned advocate wavies service of notice of Rule for respondent No.4. On the facts, and in the circumstances of the case and with the consent of learned counsel for the respective parties, the petition is being heard and finally decided.

(2.) BY preferring this petition, under Article 226 of the Constitution of India, the petitioners have challenged the Notification dated 12.07.2010, issued by the State Government, in exercise of powers under Section 65 of the Gujarat Town Planning and Urban Development Act, 1976 (the Act for short), whereby, while sanctioning the Preliminary Town Planning Scheme No.28(Althan " Bhatar), Surat, a modification has been made by deleting Remark No.4 in the Remarks column in the Redistribution Statement prepared by the Town Planning Officer, resulting in the petitioners being deprived of Final Plot No.145, that was allotted to them.

(3.) MR . D.K. Puj, learned advocate for the petitioners, has submitted that the modification that has been made by the State Government vide Notification dated 12.07.2010, has the effect of totally depriving the petitioners of Final Plot No.145 that was allotted by respondent No.3 in the Preliminary Scheme. While making such modification, the petitioners have not been granted an opportunity of hearing, which is not in consonance with the principles of law laid down by this Court in the case of Kishanbhai Hargovandas Patel and Anr. V. State of Gujarat and Ors. reported in 2010 (4) GLR 2867.