MANOJ RASIKLAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against a common judgment and order dtd. 17/4/2025 passed by the learned Single Judge in dismissing a bunch of writ petitions challenging the preliminary Town Planning Scheme on the premise that due opportunity of hearing has not been provided to the petitioners therein. In a set of appeals arising out of the same judgment and order dtd. 17/6/2025 with the leading Letters Patent Appeal No.742 of 2025, after hearing the learned counsels for the parties, we have passed the following orders:-

(2.) It may be noted that while disposing of the writ petitions giving opportunity to the appellants / petitioners therein to make a representation before the State Government to the preliminary Town Planning Scheme prepared by the Town Planning Officer, we have clarified in paragraph No. '21' that the said decision would be applicable only with respect to those petitioners, who were appellants before us.

(3.) It is, however, submitted by Mr.Dhaval Dave, the learned Senior Advocate assisted by Mr. J. F. Mehta, the learned counsel for the appellants that the appellants herein are similarly situated as those of the appellants in the Letters Patent Appeal No.742 of 2025 decided by common judgment and order dtd. 17/6/2025 along with other appeals.