JAYANTILAL MANGAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition under Articles 226 and 227 of the Constitution of India in the nature of public interest, the petitioners, who belong to a particular community and residents of Sabarmati area of city of Ahmedabad, have prayed to issue writ of mandamus directing the respondent authorities, i.e. State of Gujarat and Ahmedabad Municipal Corporation to vary the scheme, i.e. Town Planning Scheme No.23 (Sabarmati) qua Final Plot Nos.612 and 613, by which Final Plot No.612 at the location of Survey No.5/B of Sabarmati as provided under Sec. 70 of the Town Planning Act since the town planning scheme which has been approved by the respondent authorities includes the land of the graveyard used by the petitioners community for burying their children below the age of 10 years.

(2.) In response to the notice issued by this Court, the respondent corporation has filed an affidavit-in-reply dated

(3.) 1.2023 and opposed grant of relief as prayed for by the petitioners. 3. The case put forward by the petitioners is as under: