KANSARA MANKUNVARBEN GIRDHARLAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGING the order passed by the learned Single Judge in Special Civil Application No.9612 of 2009 dated 23rd September 2009, this appeal has been preferred by the original petitioners in the following factual background.

(2.) THE appellant is concerned with the earmarking of the TP road in land bearing survey No.1907 of Wadhwan. It is his say that he had raised objections to the notification whereby the draft development plan was published in the Government gazette on 27th December 1984. Initially, while preferring the petition, the prayers were three -fold. However, later on, two of the prayers have not been pressed. The only prayer to be considered is with respect to earmarking of the TP road through the said revenue survey No.1907.

(3.) IT is the consistent stand of the respondent authorities that no objection has been received by the respondent from the appellant under section 13(2) of the Gujarat Town Planning and Urban Development Ac, 1976. The learned Single Judge after duly considering the submissions of both the sides rejected the petition on the ground that upon publication of the draft development plan in the official gazette, the objections which were required to be tendered within a period of two months from the date of publication has not been tendered. The learned Single Judge also noted that the appellant failed prima facie to adduce any evidence in that regard even when Regular Civil Suit No.5 of 2007 was preferred.