ANIL DEVELOPERS Vs. STATE OF GUJARAT & 2

JUDGEMENT

(1.) By way of the present petition under Articles 226 & 227 of the Constitution of India, the petitioner partnership firm has challenged the development permission [In the business of construction, popularly known as "Rajachithi"] dated 15/06/2016 issued by Vadodara Municipal Corporation, (Vadodara Mahanagar Seva Sadan), u/s.29 of the Gujarat Town Planning and Urban Development Act,1976 [hereinafter referred to as "the Act"] in favour of respondent No.3 to carry out construction upon revenue survey no.142 admeasuring 10423 sq.mtrs. of Village: Savad of city of Vadodara, mainly on the following grounds:

(2.) The matter was placed for hearing before coordinate bench of this Court on 16/07/2015 and on the same day, an oral order was passed issuing Rule, making it returnable on 10/08/2015. On the same day, stay against further development on the land in question was granted, till the next date of hearing.

(3.) On combined reading of memo of petition as well as Additional Affidavits filed by the petitioner as well as Affidavit-in-reply filed by the petitioner, the case put forward by the petitioner is as under: