NARANBHAI LALLUBHAI PATEL Vs. B S OZA

JUDGEMENT

(1.) All the Advocates representing the various parties herein are agreeable to dispose of this petition finally.

(2.) In this Special Civil Application petitioner wants to quash and set aside the Town Planning Scheme No- 2 prepared by respondent No. 1 for the town of Unjha. Various grievances are made including mala fides on the part of the authority in preparing such a preliminary scheme. Section 64 of the Act deals with submission of preliminary scheme to the Government. Section 65 of the Act deals with the power of the Government to sanction or refuse to sanction the scheme. As per Sec. 65(1)(a) the Government in respect of the preliminary scheme will take action within a period of two months from the date of its receipt either for sanctioning the same or refusing to sanction or for making such modifications as in its opinion necessary. Section 65 visualises notification sanctioning the preliminary scheme or the final scheme. Such a notification has to be there for a period of one month and in certain cases it may be extended for a further period not exceeding three months at a time. Section 65(3) makes it clear that on and after the date fixed in such notification the preliminary scheme or the final scheme as the case may be shall have effect as if it were enacted in this Act.

(3.) Reading the abovesaid provisions in the Act it is clear that a preliminary scheme subsequent to the period mentioned in the notification becomes a part of the Act itself. The petitioner herein has time enough to question such sanctioning of the preliminary scheme before it becomes a part of the enactment. As it is this Special Civil Application is premature and accordingly the same has to be rejected.