PRATHAM PROPERTIES Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Aggrieved by the communication dtd. 9/6/2025 (Annexure-L, Page No. 65) by the Town Planning Officer, Vadodara this petition is filed.

(2.) Heard learned advocate Mr. Satyam Chhaya for the petitioner and learned Assistant Government Pleader Ms. Aishwarya Chaudhary for respondents.

(3.) Learned advocate Mr. Satyam Chhaya for the petitioner submitted that the petitioner herein is a partnership firm registered under the Indian Partnership Act, 1932 and owner of the Original Plot No. 43/1, 43/2 and 43/3 consisting of Revenue Survey No. 64, 65, 67, 79/2 and 81 admeasuring 46439 sq. mtrs. With regard to the ownership of Original Plot Nos. 43/1, 43/2 and 43/3 consisting of Revenue Survey Nos. 64, 65, 67, 79/2 and 81 admeasuring 46439 sq. mtrs., there is no dispute. Thereafter, the said Original Survey Number became part of Town Planning Scheme No. 38 (Tarsali), Vadodara. Pursuant to introduction of Town Planning Scheme No. 38 (Tarsali), the petitioner against his Original Survey Number was given Original Plot Nos. 43/1, 43/2 and 43/3 and Final Plot Nos. 43/1, to 43/4 admeasuring 44624 sq. mtrs. Learned advocate submitted that since the petitioner was owner of the said Final Plots, he after having permission of non- agricultural use and after having due development permission, constructed the property in question. However, subsequently, though the records were available with the Town Planning Authority it appears that the higher deduction was considered from the petitioner's Final Plot and against his Original Plot admeasuring 46439 sq. mtrs. and the petitioner was given Final Plot admeasuring 36457 sq. mtrs. (proposed). If this will be effected the majority of the constructed property will go for demolition and hence this petition is filed.