MOHANLAL SADAROMAL LALVANI Vs. AHMEDABAD URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Heard Mr. Mehul Shah, learned advocate for the petitioners.

(2.) By way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs:-

(3.) It is a matter of record that the land occupied by the petitioners is within the area of Town Planning Scheme no.7 of Kalol. The record indicates that draft Town Planning Scheme no.7 is sanctioned by the State Government under Section 48(2) of the Gujarat Town Planning and Urban Development Act, 1976 (hereinafter referred to as "the Act") vide notification dated 29.10.2012. It appears that the land occupied by the petitioners being survey No. 2419 is allotted original plot no.295 and in lieu of that, the petitioners are allotted Final Plot no.295 of the same measurement i.e. 155 sq. mtrs. The petitioners were served with the notice dated 18.4.2016 under Section 48A read with Sections 67 and 68 of the Act as the land of survey No. 2419 being original plot no.295 is affected by 24 mtr. T.P. road. The record further indicates that after the said notice, the petitioner was again sent another notice for the same reason on 5.10.2016. Again, by a further notice dated 3.2.2017, AUDA has given a notice for implementation. Section 48A of the Act provides as under:-