PATEL PRAKASH SOCIETY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner society, whose land is earmarked under the Town Planning Scheme No. 14 for the purpose of widening of the road, has preferred the present Special Civil Application under Article 226 of the Constitution of India for an appropriate writ, direction or order restraining the respondent authorities from deducting any area of land belonging to the society and further to direct the respondents to widen the road in such a way that no portion of land of the society is deducted. However the learned advocate appearing for the petitioner does not press the prayer in terms of para 31(A). Therefore this Court is not dealing with the same. The petitioner has also prayed for an appropriate writ, direction or order directing the respondents to vary the Town Planning Scheme in the area in which the land of the petitioner is situate under the provisions of Sections 70 and 71 of the Town Planning Act so as to exclude the lands of the petitioner from the said Town Planning Scheme No. 14.

(2.) Though the prayer in terms of Para 31(B) is some what similar to that of prayer 31(A) which is not pressed by the petitioner, in view of the fact that a prayer is made for an appropriate direction or order directing the respondents to vary the Town Planning Scheme, this Court deems fit to deal with the arguments so far as the prayer in terms of Para 31(A) is concerned.

(3.) Shri U.M. Panchal, learned advocate appearing on behalf of the petitioner, has submitted that the petitioner had earlier preferred Special Civil Application No. 4433 of 1998 before this Court [Coram: M.S. Shah, J] which came to be disposed of by this Court by judgment and order dated 23rd June 1998 and in view of the fact that at the relevant time it was only at the stage of draft scheme and the petitioner's representation was already pending before the authority, the concerned authority was directed to consider the representation/ objections submitted by the petitioner and till the preliminary scheme is sanctioned the Corporation was directed not to take forcible possession of the petitioner's land. Shri Panchal has submitted that pursuant to the order dated 23rd June 1998 passed by this Court in Special Civil Application No. 4433 of 1998, as such the petitioner had even filed objections by way of another representation also. However, in the notification dated 17th November 2000 issued by the State Government sanctioning the preliminary Town Planning Scheme No. 14, there is no reference either to the Special Civil Application No. 4433 of 1998 or the directions issued by this Court having been complied with, by considering the representation, objections submitted by, the petitioner. Therefore, he has submitted that as there is no mention in the said Notification dated 17th November 2000, it is to be presumed that the objections submitted by the petitioner are not considered by the Town Planning authority and that the order passed by this Court in the aforesaid Special Civil Application has not been complied with and therefore, the prayer of the petitioner for an appropriate writ, direction or order directing the respondents to vary the scheme as prayed for is required to be granted. On merits also, the petitioner has submitted that as such 60 feet road is not required to be sanctioned under the Town Planning Scheme and therefore, he has requested to pass an appropriate order directing the respondents to vary the same.