SIDDHRAJ INFRA PRIVATE LIMITED Vs. MAGANBHAI POPATBHAI PARMAR

JUDGEMENT

(1.) The captioned is a Civil Application filed under Article 226(3) of the Constitution by the applicant -respondent No.9 in the main petition, for vacating the interim relief.

(2.) In main Special Civil Application No.17126 of 2015, in which the petitioner has prayed for a direction to cancel the development permission granted to respondent No.9 by the Town Planning Authorities, ad -interim relief was granted at the time of issuance of notice on 20th October, 2015 by directing to maintain status quo in respect of subject matter land. After hearing the parties in the aforesaid Civil Application, the Court modified the interim relief by order dated 30th October, 2015, which is extracted hereunder, "3. The present application is filed for vacation of the order of status -quo under Article 226(3) of the Constitution of India. Considering the facts of this case, the order of status -quo is maintained qua the area comprising of original survey No.176 and original survey No.181, Mouje Sargasan which is included in the area of Town Planning Scheme (GUDA) No.7 (Sargasan - Kudasan -Por)."

(3.) For considering the question of vacation or otherwise of the interim relief, visiting with the relevant facts would be necessary. As stated above, the original petitioners in the Special Civil Application prayed for canceling the development permission issued for development of land bearing Revenue Survey Nos.175, 176 and 181 -Final Plots Nos.37+46 as per Draft Town Planning Scheme No.7 (Sargasan -Kudasan -Por), Sargasan, District Gandhinagar. It is also prayed to demolish the construction put up on the land, stating that the same is in breach of order dated 15th December, 2010 passed by this Court in Second Appeal No.121 of 2010. It was prayed to direct to allot Final Plot as per revenue records by making appropriate change in Form -F prepared under the Town Planning Scheme in question etc. Interim relief has been prayed seeking stay on the construction activity going on upon the land in question.