ISHWARBHAI GANPATBHAI PATEL Vs. STATE OF GJARAT

JUDGEMENT

(1.) Rule. Learned advocate for the respective parties waive service of notice of Rule for the respective parties in both the petitions. At the request of the learned advocates for the concerned parties, both these petitions are taken up for their final hearing today.

(2.) In both the aforesaid petitions, an important issue has been raised for the adjudication by this Court to the effect that is it obligatory on the part of State Government to give, personal hearing to the petitioners while giving sanction, to revised draft development plan under clause (C) of sub-section(1) of section 17 of The Gujarat Town Planning and Urban Development Act, 1976 (hereinafter referred to as "the Act, 1976") and that is it obligatory on the part of the State Government to supply copies of objections and suggestions (which are received by the Government) to the petitioner, before finalisation of revised draft development plan, under section 17(1)(c) of the Act, 1976 "

(3.) Brief facts come upon surface, involved in the petitions and provisions of the Act, 1976, and the Rules made thereunder, necessary, for adjudication, are as under: