LAWS(GJH)-2014-8-131

GIRISHBHAI NAGJIBHAI SAVALIYA Vs. STATE OF GUJARAT

Decided On August 08, 2014
Girishbhai Nagjibhai Savaliya Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) RULE . Ms. Nisha Thakore and Mr. Rohan Yagnik, learned AGPs and Ms. Sangeeta Vishen, AGP waive service of Rule on behalf of respective respondents.

(2.) AT the joint request of learned counsels for the parties, all these petitions are taken up for hearing today and are disposed of accordingly.

(3.) IT is the case of the petitioners that with regard to subject land, there is no dispute of whatsoever about ownership / occupancy / possession over the land and further all the petitioners are ready and willing to execute an undertake to fulfill any of the requirement of existing law / rules / regulations under the Act, 1976 till draft town planning scheme and/or preliminary town planning scheme receives sanction of the State Government. That development permission, as sought for cannot be denied and such refusal / rejection / denial / withholding / nonconsideration of their applications seeking development permission by respective respondent authorities would be not only violative of provisions of the Act, 1976 and Rules made thereunder, but also violative of Articles 14, 19, 21 and 300A of the Constitution of India, and therefore, prayers made in each of the petitions deserve to be granted.