SHAMJIBHAI RAMJIBHIA KEVADIA Vs. TOWN PLANNING OFFICER

JUDGEMENT

(1.) By filing the present petition under Article 226 of the Constitution, the petitioner has prayed to set aside preliminary Town Planing Scheme No.26, Singanpore, Surat sanctioned on 20th May, 2008 in so far it related to land survey No.1/2 at village Singanpore, Taluka Choryasi, District Surat. The petitioner has further prayed to direct the respondent authorities to rectify the record and treat the area of survey No.1/2/1 as 4047 sq. mtrs. after deducting area of survey No.1/2/3 gone in acquisition as per the decree of the civil court and further to direct the respondent authorities to allot separate final plot to the petitioner in lieu of survey No.1/2/3.

(2.) The dispute in this petition is in respect of land bearing survey No.1/2 situated at Village Singanpore, Taluka Choryasi, District and Sub-district Surat which is reconstituted by making allotment of Final Plot No.2/1.

(3.) The facts of the case may be set out. One Haribhai Kanjibhai, father of respondent Nos.7 to 10 and one Laljibhai Hirabhai, predecessor-in-title of the petitioner herein were original owners and occupiers of the different properties which included the agricultural field bearing survey No.1/2 admeasuring 23067 sq. mtrs. in respect of which the dispute is involved in this petition. Said Hirabhai died on 15th August, 1997 who had executed a registered will dated 30th December, 1969. In the said will, the land was bequested to Laljibhai and entry No.668 dated 15th July, 1971 was posted in Village Form No.6. The said entry was certified on 12th April, 1972. The property bearing survey No.1/2 treated in the will was divided for its ownership into five shares belonging to five brothers. It is the case that said five brothers became the owners of their respective shares. As shown in Village 7/12, survey No.1/2 paiki admeasuring 4047 sq. mtrs. was held and possessed by Laljibhai Hirabhai-the predecessor-in-title of the petitioner. Thus, it is the case that since 1975, Laljibhai Hirabhai is holding survey No.1/2 paiki admeasuring 4047 sq. mtrs. which was treated as separate holding by the revenue authority. Said Lalji Hirabhai died on 27th December, 2000 and the mutation entry was recorded on 21th December, 2001 in the name of his heirs.