PRAVINBHAI MULJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr. S.N. Thakkar with Mr. B.H. Upadhyay, learned counsel for the petitioners, MS. Asmita Patel, learned Assistant Government Pleader for respondent No. 1 and Mr. H.S. Munshaw, learned counsel for respondent Nos. 2 and 3. Though served, no one appears on behalf of respondent Nos. 4 and 5.

(2.) BY way of this petition under Article 226 of the Constitution of India, the petitioners have challenged the communication/order dated 10.05.2010, whereby the application for development filed by the petitioners came to be rejected. The petitioners have further prayed for declaration that the petitioners are entitled to develop as owners of the land, bearing Survey Nos. 122/2 and 122/3 total admeasuring 3,987 Sq. Mtrs., situated in Ruva Town Planning Scheme No. 3, Bhavnagar, under the provisions of the Gujarat Town Planning and Urban Development Act, 1976 (hereinafter referred to as "the Act" for short). The petitioners have also prayed for declaration that the said land is no longer under encumbrances of reservation of school or otherwise under the Town Planning Scheme.

(3.) IT is also noteworthy that the Draft Development Plan came to be published under the provisions of the Bombay Town Planning Act, 1954 on 27.01.1966 and ultimately, the State Government invited objections as provided under Section 17(1)(a)(ii) vide Notification dated 01.02.1983 calling upon any person to submit suggestions or objections, if any, with respect to the proposed modifications in the Draft Development Plan. Record further reveals that ultimately, after considering all the objections and suggestions that were received, the State Government vide Notification dated 08.11.1985 sanctioned the said Draft Development Plan and the same came into operations with effect from 01.01.1986. The land in question was designated as "Residential Zone" in the Final Development Plan.