SATISHBHAI GOPALDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition, the petitioner, has prayed for declaration that the letter dtd. 10/5/2023, issued by the respondent no.2, i.e. the Town Development Officer (T.P.), Vadodara Municipal Corporation, is illegal and deserves to be quashed and set aside with a further direction to the respondent no.2 to consider the representation dtd. 3/5/2023 of the petitioner.

(2.) The issue, revolves around the land bearing survey nos.117, 120 situated at village Jetalpur, Vadodara (hereinafter referred to as the 'land in question'). According to the petitioner, he is the legal heir of late Trikamlal Parshottamdas Kachhia (Patel), and representing the legal heirs as well. According to the petitioner, the land in question, was of the ownership of the predecessor of the petitioner and was covered under the town planning scheme prepared under the Bombay Town Planning Act, 1954 (hereinafter referred to as the 'Act of 1954'). Reconstituted final plot no.540 was allotted to the petitioner, followed by final publication on 5/12/1974.

(3.) The petitioner approached the authorities to allot the land in question; however, the application of the petitioner, has been rejected by issuance of communication dtd. 10/5/2023 of the Town Development Officer (T.P.), inter alia, stating that the scheme, has been finalised vide notification dtd. 27/2/1995 (sic 27/2/1975) and has been sanctioned on 16/4/1975 and it having become part of the Act; so also, having become part and parcel of the internal road of the society, nothing can be done at the end of the authorities. Being aggrieved, that the captioned writ petition by the petitioner.