MEHTA AMARCHAND TEJASIBHAI Vs. BHACHAU DEVELOPMENT AUTHORITY AREA

JUDGEMENT

(1.) RULE. Service of rule is waived by learned advocate Shri M.D. Pandya for respondent No, 1 and by learned AGP Ms. Maithili Mehta for respondents Nos. 2 and 3. At the request of the learned advocates, the petition is finally heard today.

(2.) The petitioners are residents of Bhachau and they have been aggrieved because, in pursuance of Town Planning Scheme No. 1 of Bhachau made under the provisions of the Gujarat Town Planning and Urban Development Act, 1976 (hereinafter referred to as 'the Act'), they are being allotted Final Plot No. 462 in lieu of their Original Plots bearing Nos. 627-631, as it is not convenient to them to use the said Final Plot for commercial purpose.

(3.) Learned advocate Shri Vora appearing for the petitioners has submitted that the petitioners had purchased land bearing Survey Nos. 627-631, which had been given Original Plots Nos. 627-631 in pursuance of Town Planning Scheme No. 1 of Bhachau. In pursuance of the scheme, the draft town planing scheme had been published, and as per the said town planing scheme, the petitioners were to be allotted Final Plot No. 462, which was on the southern side of their original plots as shown in Annexure 'A' to the petition. The said draft town planning scheme had been sanctioned by the State of Gujarat on 22nd May, 2002, under the provisions of sec. 42(2) of the Act.