NATVARLAL PENUBHAI DECD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present writ petitions emanate from Town Planning Scheme Surat No.6 (Majura-Khatodra) with regard to Final Plots No.85 and 86 situated in Village Majura, Taluka Choryasi, District Surat (Original Plot No.53/A).

(2.) It is the case of the petitioners that they are the owners and occupiers of the aforesaid Final Plots No.85 and 86 (Original Plot No.53/ A and later on bifurcated into Survey No.53/2/1 and Survey No.53/2paiki) as per the Town Planning Scheme.

(3.) Learned Senior Advocate Mr.Y.N.Oza with learned advocate Mr.Savjani appearing for the petitioners at the outset has submitted that the petitioners are not challenging the Town Planning Scheme but their objection is with regard to the manner of the division of the final plot. He has contended that the Town Planning Officer ought to have considered the registered partition deed dtd. 3/10/1975 and Entry No.1350, which is mutated in the revenue records and accordingly should have finalized the plot under the Town Planning Scheme. It is submitted that under the provisions of the Gujarat Town Planning and Urban Development Act, 1976 (in short "the Town Planning Act"), the Town Planning Officer has the power to vary the scheme and in the present case, when the scheme was not even at a final stage, the Town Planning Officer, ought to have considered the share of the petitioners as divided vide registered partition deed dtd. 3/10/1975 and not as that of the joint ownership and accordingly ought to have made variation to that effect so that no authorized and lawful owner and occupant of any parcel of land could have been deprived of his/her land as is the case in the present petitions. It is submitted that the very intent of the Legislature in providing for power of variation on account of an error, irregularity or informality is to ensure that no lawful owner or occupant is divested of his or her land/property while giving effect to the scheme.