KANJIBHAI DAHYABHAI MALSATTAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As common questions of law and facts arise in the present group of petitions, these Special Civil Applications are being disposed of by this common order. As such the Special Civil Applications No. 18260 of 2003 and 18261 of 2003 are filed by the petitioners who are petitioners No. 2 and 4 of Special Civil Application No. 14579 of 2003 and they have filed separate one page petitions, being Special Civil Applications No. 18260 and 18261 of 2003. Special Civil Application No. 14579 of 2003 be treated as main Special Civil Application.

(2.) In the present Special Civil Application under Article 226 of the Constitution of India, the respective petitioners have prayed for an appropriate writ, direction or order permanently restraining the respondents No. 1 and 2, i.e., Secretary, Department of Town Planning and Urban Development, State of Gujarat, and Anjar Area Development Authority from acting upon the notices dated 2/3-10-2003 which are at Annexure 'K' to the petition by which the petitioners are called upon to vacate from the land which is occupied by them as the same is part of a six metre wide road under the Town Planning Scheme No.4 which has become final under the provisions of The Gujarat Town Planning and Urban Development Act, 1976 [hereinafter referred to as "the Act"].

(3.) During the course of hearing of the present Special Civil Applications, and after learned advocate appearing for the petitioners was heard at length for a considerable time, the learned advocate appearing for the petitioners had submitted Draft Amendment and requested to allow them to amend the main Special Civil Application by adding Paras 6.5, 6.6 and prayer clause in terms of Paras 10AA and 10BB by which now the petitioners have prayed for a declaration that they are lessees and occupants of the properties bearing Municipal Nos. 9/913, 9/915, 916, 9/912 and 9/911 and in occupation of the land in Ward No.9 in the area known as Sarsar Gate Area, Anjar, Kutch under the Town Planning Scheme concerned in capacity of owners of the structures/ buildings/shops thereon and are entitled to allotment of final plot and payment of compensation under the town planning scheme and that they are the holders of the property entitled to be treated as so entitled under the provisions of the Act and a further prayer is sought for requiring the respondents to propose appropriate variation in the town planning scheme insofar as it relates to properties in question so as to recognise the rights of the petitioners as owners or occupiers under the Act.