MOHAMMAD SAEED KAJIMUDDIN SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the petition, the petitioners have prayed for the following relief:

(2.) It is grievance of the petitioners that thought the petitioners are in possession of the land in question by virtue of notarized sale deed executed on 20/1/2003, the notice under Sec. 68 of the Gujarat Town Planning and Urban Development Act, 1976 read with Rule 33 of the Gujarat Town Planning and Urban Development Rules, 1979 is issued to the predecessor-in-title of the petitioners by the Ahmedabad Urban Development Authority and no opportunity of hearing was given to the petitioners.

(3.) Mr.Acharya, learned advocate for the petitioners, submits that Sec. 68 of the Act is about power of appropriate authority to evict summarily and the word used in that sec. refers to 'occupier' as the word 'occupy' is used. He further submits that Rule 33 provides that a notice is required to be served upon a person to be evicted and if he fails to comply with the requirement of notice, the appropriate authority shall deputy any Officer or Servant to remove him from the land in question.