ASHOKKUMAR RAMANLAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All these petitions involve common questions of law and facts in respect of the sanctioned Draft Town Planning Scheme No.86 (Sarkhej-Okaf-Fatevadi-Makarba) and therefore were heard together, and are being decided by this common order.

(2.) In all these petitions, the petitioners have challenged the impugned orders dated 21/24.01.2017 passed by the respondent no.2 Corporation calling upon the petitioners to remove the constructions on the lands in question and handover the vacant and peaceful possession of the same as the subject lands were earmarked for the purposes mentioned in section 40(3) of the Gujarat Town Planning and Urban Development Act, 1976 (hereinafter referred to as 'the said Act') in the Draft Town Planning Scheme No.86 (Sarkhej-Okaf-Fatevadi-Makarba) of District Sub-District Ahmedabad, sanctioned by the Government.

(3.) For the sake of convenience, the facts of the petitioners being Special Civil Application No.12323 of 2017 are considered. According to the petitioners of the said petition, they are the owners and occupiers of the land bearing Survey No.66 by virtue of the agreement to sell executed in their favour by the original owners (Annexure-A). The petitioners were served with the notices dated 24.10.2016 under section 48A( 3) as per section 68 read with Rule 33 calling upon the petitioners to remove the constructions made on the land as shown in the map and handover vacant possession of the said land, as the same was earmarked for the purposes mentioned in Clauses (c), (f), (g) and (h) of Section 40(3) of the said Act in the sanctioned Town Planning Scheme No.86 (Annexure-B). The petitioners therefore submitted their objections against the said notices to the respondent no.2, however according to the petitioners the respondent no.2 without appreciating the contentions of the petitioners, passed the impugned order dated 21.01.2017 (Annexure-D) calling upon the petitioners to handover possession of the subject land.