MANJIBHAI GOVINDBHAI PATEL Vs. TOWN PLANNING OFFICER

JUDGEMENT

(1.) Heard Mr.Dhirendra Mehta, learned counsel for the petitioners, Ms.Megha Chitaliya, learned Assistant Government Pleader for respondent No.1 -Town Planning Officer and Mr.H.S.Munshaw, learned counsel for respondent No.2 - Authority.

(2.) It appears from the record that the petitioners claim ownership of the land bearing Revenue Survey Nos.51 part and 54 part of village Adhewada, which is forming part of the draft Town Planning Scheme No.7, Adhewada, Taluka, Bhavnagar City. It further appears that the petitioners earlier approached this Court by way of filing a writ petition being Special Civil Application No.267 of 2013, which came to be disposed of vide order dated 27.08.2013, wherein this Court has observed thus:

(3.) Considering the reply filed by the respondent Corporation as well as the rejoinder, it is an admitted position that still Town Planning Scheme No.7 is at the stage of Section 52 of the Gujarat Town Planning and Urban Development Act, 1976 ("the Act" for short). It is the case of the petitioners that even though the petitioners have become owners of the part of the land in question prior to the date of intention of declaration to prepare the scheme as provided under Section 41 of the Act, respondent No.2 -Authority while proposing draft Town Planning Scheme has not recognized ownership of the petitioners.