PATEL HARIBHAI BHUTABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Vimal Patel, learned advocate with Mr. Dhaval Shah, learned advocate for the petitioner, Ms. Megha Chitaliya, learned Assistant Government Pleader for respondent No.1 and Mr. H.S. Munshaw, learned advocate for respondent No.2.

(2.) The main and the only issue which arises in this petition is that the respondent authorities have not adhered to the directions issued by this Court (Coram: D.H. Waghela, J. as he then was) rendered in Special Civil Application No.6903 of 1990 dated 23.8.2012. It is contended that no further proceedings are undertaken inspite of the fact that the petitioner as well as respondent No.2 have in fact proceeded further as per the directions issued by this Court.

(3.) In nut­shell, the case of the petitioner is that even though an application for variation as provided under Section 70(2) of the Gujarat Town Planning and Urban Development Act, 1976 (hereinafter referred to as "the Act") is pending before the State Government and according to the petitioners, though there is an error or a mistake in the land belonging to the petitioner which is forming part of Town Planning Scheme No.6, no actions are taken by the State Government.