HASMUKHBHAI GOPALBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The matter was heard extensively on 7/3/2023 and it was agreed and understood between the parties that matter was being argued finally. Hence, Rule. Learned advocate Mr.Digant Popat waives of service of notice of Rule on behalf of newly added respondent Nos.6 and 7, learned Assistant Government Pleader Ms.Dharitri Pancholi waives service of notice of Rule on behalf of Respondents State No.1 and 3 and learned advocate Mr.Dhaval Nanavati waives service of notice of Rule on behalf of Respondent No.2 - Surat Municipal Corporation as well as Respondent Nos.4 and 5.

(2.) Pursuant to the order dtd. 6/3/2023, on 6/3/2023 learned advocates for the respective parties had come to the chamber of author of this judgment at 5:00 p.m. and had examined the original records. The Court also had orally directed learned Assistant Government Pleader to produce necessary documents for clarity of facts in respect of whether the proposal for carving out Final Plot Nos.9 and 10 was already there at the time of recommanding the Preliminary Town Planning Scheme to the State Government / Chief Town Planning Officer of the Town Planning Department for sanctioning it or it was subsequently decided after recommendation in respect of preliminary Town Planning Scheme No.39 (Udhna- Limbayat) was made by Surat Municipal Corporation. Accordingly, learned Assistant Government Pleader Ms.Dharitri Pancholi had produced relevant documents after serving the copies of those documents upon learned advocates appearing for respective parties and thereafter the matter was heard finally.

(3.) Heard learned advocate Mr.Hriday Buch for learned advocate Mr.Kumar H. Trivedi for the petitioner, learned Assistant Government Pleader Ms.Dharitri Pancholi for Respondent Nos.1 and 3 - State, learned advocate Mr.Maulik Nanvati with learned advocate Mr.Dhaval Nanavati for Respondent Nos.2, 4 and 5 and learned senior advocate Mr.R.S.Sanjanwala with learned advocate Mr.Digant Popat for Respondent Nos.6 and 7.