MOTIBEN SOMAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners have questioned the legality and validity of the show cause notice issued by respondent No. 2. Talati-cum-Mantri of village Ghatlodia, Taluka City, Ahmedabad dated 27/01/1994 by filing this petition under Arts. 226/227 of the Constitution of India.

(2.) The petitioners are the owners and occupants of land bearing survey No. 213, the said survey number came to be included in the Town Planning Scheme before 1985. The Scheme came into operation in 1976. The land in question was under final plot No. 16 and the land ultimately came to be allotted to the final plot is admeasuring 8.348 sq. mtrs.

(3.) The petitioners had applied for permission for development under Sec. 29 of Gujarat Town Planning and Urban Development Act. 1976 (the Act). On scrutiny of the application for permission to develop submitted by the petitioners, the Ahmedabad Urban Development Authority (AUDA). Granted permission to develop the land in question. The permission was thus issued by AUDA by the order dated 1-3-1994. According to the case of the petitioners, they are entitled to proceed with the development of the land in question without waiting for permission under other Acts.