PRABHABEN HARSHDRAY DESAI Vs. STATE OF GOVERMENT

JUDGEMENT

(1.) BY filing this petition under Article 226 of the Constitution of India, the petitioners have prayed for the issuance of a writ of mandamus or any other writ or order to quash and set aside the reservation on the land bearing City Survey No. 3848, Tika No. 86, situated at Navsari Town, and to declare that the reservation qua the land in question, is deemed to have lapsed and that the said land stands released from reservation. It is further prayed that the action of the respondent No. 3 in re -reserving the petitioners' land in the revised Draft Development Plan be quashed and set aside as being illegal, and the preliminary Notification dated 18 -8 -2007 showing that the land of the petitioners is proposed to be re -reserved, also be quashed and set aside.

(2.) RULE was issued on 21 -4 -2008. 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 decided today.

(3.) MR . Ajay R. Mehta, learned Counsel for the petitioners has advanced the following submissions: