HASMUKHBHAI BHAILALBHAI BAROT Vs. SECRETARY

JUDGEMENT

(1.) RULE . Mr.Jaswant K.Shah, learned Assistant Government Pleader, waives service of Rule on behalf of the respondents No.1, 4, 5 and 6. Mr.R.M.Chhaya, learned counsel, waives service of Rule on behalf of the respondents No.2 and 3. In the facts and circumstances of the case and with the consent of the learned counsel for the respective parties, the petition is being heard and finally disposed of today.

(2.) THE instant writ petition, under Article 226 of the Constitution of India, has been filed by the petitioner for the following prayers:

(3.) THE brief facts of the case, emerging from a perusal of the averments made in the writ petition as well as the documents on record are, that the petitioner is in possession of land bearing Block No.344/C of Town Planning Scheme No.11 (Part -A) Adalaj. It is the case of the petitioner that the area in possession of the petitioner is admeasuring 1708 Sq.Mtrs. The land in question i.e. Survey No.344/C has been included in the Town Planning Scheme No.11 (Part -A) Adalaj by the Gandhinagar Urban Development Authority ("GUDA" for short). In the Draft Scheme prepared and published by GUDA, which was sanctioned by the State Government under Section 48(2) of the Gujarat Town Planning and Urban Development Act ("the Act" for short) on 26.12.2005, the area of the Original Plot of the petitioner has been shown as admeasuring 1338 Sq.Mtrs. which, according to the petitioner, is not correct and should have been shown as 1708 Sq.Mtrs. According to the petitioner, since the area comprised in Block No.344/C was incorrectly mentioned as admeasuring 1338 Sq.Mtrs. instead of 1708 Sq.Mtrs., the petitioner filed Special Civil Application No.6403 of 2007. The said writ petition was disposed of as withdrawn vide order dated 1.11.2007 with a view to pursue the remedy which had already been resorted to by him. The petitioner filed a representation to the respondents for correcting the area of land in Block No.344/C from 1338 Sq.Mtrs. to 1708 Sq.Mtrs. Thereafter, the petitioner filed Miscellaneous Civil Application No.2883 of 2007 in Special Civil Application No.6403 of 2007 and Civil Application No.15736 of 2007 in Miscellaneous Civil Application No.2883 of 2007 in Special Civil Application No.6403 of 2007. Both the applications came to be disposed of vide separate orders passed by this Court (Coram: Ravi R.Tripathi, J.) dated 28.12.2007. The learned counsel for the respondent No.2 therein made a submission that the representation of the petitioner has already been decided and, if the petitioner is aggrieved by the said decision, he can file a substantive petition challenging the said decision. On this submission, the learned counsel for the petitioner had submitted that the authorities are likely to demolish the shops of the applicant which are situated on Block No.344/C. On the said submission, this Court had directed the authorities to stay their hands till 22.1.2008, before which date the petitioner was given the liberty to file a substantive petition.