RAJAN SANKALCHAND PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The challenge in this petition under Art. 226 of the Constitution is against the proposal of the respondent authority for variation in the scheme for upgradation of slums situated on different parcels of lands which form part of town planning scheme No. 22 in exercise of statutory powers under Secs. 70, 71 and 52 of the Gujarat Town Planning and Urban Development Act, 1976 for a writ of Prohibition. (President's Act No. 27 of 1976) ("G.T.P.U.D. Act") and Rule 26 of the Gujarat Town Planning and Urban Development Rules, 1976 ("G.T.P.U.D. Rules").

(2.) The petitioners are owners of lands bearing final plot No. 315 situated in Town Planning Scheme No. 22 Narayannagar Road, Paldi, Taluka City, District- Ahmedabad. They purchased sub-plots of S. No. 315 by registered sale deed in the month of December 1983. Thus, each petitioner is holding separate portion of land in the said final plot No. 315. The petitioners have inter alia relied on consent purshis below Exhs. 5 and 6 in Civil Suit No. 523 of 1986 and also in Civil Suit No. 6017 of 1986 dated 13-7-1987 and by placing copies of both the orders passed in the aforesaid suits pending between the petitioners and tenants of the said lands.

(3.) The case of the petitioners is that on account of political motive, a proposal came to be sent by respondent No. 4 Ahmedabad Municipal Corporation for variation of Scheme No. 22 with regard to original plot No. 315 admeasuring 4,186 sq. yds. of land situated at Paldi Extension Scheme No. 22 by way of second variation and for slum upgradation. The said action is taken by respondent No. 4 Corporation pursuant to its Resolution No. 897 of 1984-85. It is the case of the petitioners that the Town Planning Committee by its Resolution No. 244 passed the town planning scheme which was varied on 2-11-1975 which later on came to be declared as new scheme No. 22 under Sec. 23(1) of the G.T.P.U.D. Act. A duty is cast upon the Municipal Corporation to prepare town planning scheme and under the provisions of Sec. 122, appropriate authority, like that respondent No. 4 is entrusted powers to carry out such directions and instructions as may be issued from time to time by the State Government for efficient administration of G.T.P.U.D. Act. In view of the provisions of Secs. 23(1)(2) and 41(1) of the G.T.P.U.D. Act, respondent No. 4 Corporation had prepared a scheme and declared it as final scheme No. 22. The scheme had become final after undergoing the statutory provisions.