RAMANBHAI HARGOVINDDAS LIMBACHIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Single Judge in Special Civil Application No.1089/2015 by which the learned Single Judge has dismissed the said Special Civil Application preferred by the appellants herein ­ original petitioners (hereinafter referred to as "original petitioners"), the original petitioners have preferred the present Letters Patent Appeal.

(2.) Facts leading to present Letters Patent Appeal in nutshell are as under:

(3.) Heard Shri Majmudar, learned advocate appearing on behalf of the original petitioners at length. We have perused and considered the impugned well reasoned order passed by the learned Single Judge. At the outset it is required to be noted that the dispute is with respect to the land bearing Revenue Survey No.53/1, Plot No.72 of village Dumbhal, which is as such required for 36 meter wide town planning road as per the draft Town Planning Scheme which is sanctioned on 21.01.2000. It is true that after the draft Town Planning Scheme was sanctioned by the State Government on 21.01.2000, the Town Planning Officer was appointed who prepared the preliminary Town Planning Scheme and submitted before the State Government for its sanction, however the State Government refused to sanction the same and return the same to the Town Planning Officer to prepare and draw a fresh preliminary town planning scheme. Therefore, at present the scheme is at the stage of preparation / drawing the preliminary town planning scheme. However, the sanctioning of the draft Town Planning Scheme on 21.01.2000 continues. Therefore, it can be said that at present the scheme is at the stage of finalized draft town planning scheme and that for the area in question draft town planning scheme has been sanctioned by the State Government. As it emerges from the record and it is an admitted position that the notification to prepare the scheme was declared on 21.04.1997 and the draft Town Planning Scheme has been sanctioned under section 48(2) of the Town Planning Act vide notification dated 21.01.2000. At this stage section 48A and 49 of the Town Planning Act are required to be referred to which reads as under: