KIRITBHAI MANIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) ALL these appeals are directed against the common judgment dated 28.8.2014 passed by the learned Single Judge whereby learned Single Judge has dismissed the group of petitions including the petitions preferred by the appellants.

(2.) IN the petitions filed by the appellants original petitioners under Article 226 of the Constitution of India, the petitioners have made common prayers. Such common prayers taken from one of the petitions read as under:

(3.) THE case, in nutshell, put up by the appellants in their respective petitions is that they had applied for development permission for their lands to respondent no.2 Corporation. The appropriate authority since failed to communicate its decision on such applications for a period of more than three months from the date of receipt of such applications, the applications were deemed to have been granted as provided in section 29(4) of the Gujarat Town Planning and Urban Development Act, 1976 ("the Act"). It is their further case that the circular dated 4th December, 2012 issued by the Corporation providing for grant of development permission after leaving 40% of the land open for road in the draft Town Planning Scheme is without any authority of law and, hence, illegal, null and void. They have therefore prayed, while challenging the said circular, to direct the Corporation to decide their applications for development permission in accordance with the provisions of the General Development Control Regulations, 2006 ("GDCR") and according to the provisions of the Act as prevailing and operating on the date of making of applications by them.