RAJPIPLA NAGARPALIKA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS is a petition preferred under article 227of the Constitution of India by a local authority namely, Rajpipla nagarpalika. The petitioner - Nagarpalika is aggrieved by an order passed by the respondent No. 1. As per the impugned order, the respondent No. 1 doubted the wisdom and assessment of Nagarpalika as regards the needs of its residents, particularly, for roads and consequently, the respondent No. 1 set aside the decision and resolution of petitioner - Nagarpalika for constructing / widening road within its limits. Upon being aggrieved by such an order dated 27. 1. 1993 the petitioner has preferred present petition.

(2.) THE short facts involved in this matter are as follows:

(3.) AGAINST the said decision, respondent no. 3 approached respondent No. 1 under the provisions of section 264 of the Act. The respondent No. 1, in the said proceedings, observed that the petitioner -Nagarpalika had passed conflicting resolutions and in his view, the construction of the road was not desirable. He, on such grounds, set aside the decision of the petitioner - Nagarpalika and the application preferred by respondent No. 3 came to be allowed by the impugned order dated 27. 1. 1993. As a result, the order of respondent No. 2 dated 18. 5. 1992 was also set aside.