RAMANLAL NATHUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition was notified for hearing time and again. On 10th October, 2007, as the learned advocate Mr. Mangukiya had filed sick note, the hearing was allowed to stand over to 12th October, 2007 with clear stipulation that the matter shall be heard irrespective of sick note or leave note or absence of any of the learned advocates. Though the matter is part-heard, today Mr. Mangukiya has filed leave note. Heard the learned advocate, Mr. Pandya and learned AGP, Ms. Pande.

(2.) The petitioners have preferred the present petition under Article 226 of the Constitution to challenge the Town Planning Scheme No.16, Kapodra, Surat, so far as it relates to Final Plot No. 35 and Original Plot No. 46. According to the petitioners, the said scheme has been made without application of mind and contrary to the provisions of the Gujarat Town Planning and Urban Development Act, 1976 [hereinafter referred to as Sthe Town Planning Act ] and the Rules made thereunder. It is the claim of the petitioners that in relation to the said Final Plot No. 35, Original-Plot No. 46, the housing scheme for weaker sections of the society had been sanctioned under Section 21 of the Urban Land (Ceiling & Regulation) Act, 1976 [hereinafter referred to as 'the ULC Act']. In view of the overriding provisions contained in Section 42 of the ULC Act, any provision, made under the Town Planning Act contrary to the scheme sanctioned under Section 21 of the ULC Act, is ultra vires the provisions of the ULC Act. The provisions have been made without making actual survey of the land. The provision for local commercial centre is contrary to the Town Planning Act etc.

(3.) It is the claim of the petitioners that they were the owners of the land, Survey No. 19/Part of Village Kapodra. The said land, Survey No. 19/Part, under the draft development plan had been given Original Plot No. 46. Of the Original Plot No. 46, Part of the land is reserved for local commercial centre, part of the land is reserved for 9 mtrs. wide road and remaining land is given Final Plot No. 35. The said Final Plot No. 35 is placed in residential zone.