GOVINDBHAI DAMODARDAS PANCHAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr.Nilesh Pandya, learned advocate for the petitioners submitted that the grievance of the petitioners was direction for quashing and setting aside the notification dtd. 9/1/2017 issued by the respondent no.2.

(2.) It is submitted that during the pendency, a reply has been filed by the Town Planning Officer wherein, it has been stated that the Town Planning Officer has been appointed and has not prepared any tentative reconstitution plan for declaring the award of Preliminary Town Planning Scheme Bardoli No.3 by inviting objections and suggestions by issuing requisite notices. It is submitted that in paragraph 6.12, it has been stated that the petitioners have ample opportunities of hearing to raise objections before the Town Planning Officer. It is further submitted that in paragraph 7, the aspect of mutation of entries of the names of the legal heirs of late Shri Govindbhai Damodardas Panchal has been considered. It is submitted that the names of the petitioners, being the heirs of late Shri Govindbhai Damodardas Panchal, have already been posted in the revenue record. It is submitted that in the proceedings before the Town Planning Officer, if hearing is accorded to the petitioners, the grievance of the petitioners would not survive.

(3.) In the reply filed by the Town Planning Officer, paragraphs 6.7, 6.12 and 7 read thus:-