GANPATBHAI BABULAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PETITIONER has challenged a notice dated 16.05.2001 issued by the Unjha Nagarpalika in exercise of the powers under the Gujarat Town Planning and Urban Development Act ('T.P. Act' for short).

(2.) SHORTLY stated the facts of the petition that the petitioner claims to be occupying as tenant of a plot situated in the Unjha Municipality area belonging to the respondent No. 4 and 5 herein. Respondent No. 4 and 5 held Original Plot No. 1025. Original Plot No. 1025/1 under the Town Planning Scheme was allotted Final Plot No. 160 with which we are not directly concerned. Out of Original Plot No. 1025/2, Final Plot Nos. 161 and 162 were carved out. Final Plot No. 161 was allotted to the owners i.e. respondent Nos. 4 and 5. Final Plot No. 162 was earmarked for public purpose for sale for industrial use. Petitioner claims that he is running an industry which is situated on both Plots No. 161 and 162.

(3.) IT is not disputed that respondent Nos. 4 and 5 had filed Civil Suit No. 36 of 1998 before the competent Civil Court seeking eviction of the petitioner from the said plots. It appears that the suit has since been dismissed for default, in the mean time, Unjha Municipality issued impugned notice calling upon the petitioner to do the following three things.