BHARATBHAI HARIKRISHNA JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India the petitioner has prayed for an appropriate writ, order or direction declaring Town Planning Scheme No. 51, Bage Firdoz, Khokhra, Mehmadabad as null and void and in the alternative to declare the part of the land bearing Survey No. 31/b, Final Plot Nos. 30 and 104 as unreserved and to hold and declare that the government cannot keep under reservation the land, which is already covered by the scheme of construction of residential houses for the weaker sections of the society under the Urban Land Ceiling Act.

(2.) SHRI M. B. Gandhi, learned advocate appearing on behalf of the petitioner has challenged the Town Planning Scheme, which has become final, on the following four grounds;

(3.) THE petition is opposed by Shri R. M. Chhaya, learned advocate appearing on behalf of respondent no. 2-Corporation. It is submitted that the time limit prescribed under Section 40 of the Town Planning Act is with respect to the preparation and sanctioning of the Draft Town Planning Scheme. It is submitted that the Draft Town Planning Scheme has been framed and sanctioned within the stipulated time. It is submitted that even otherwise when the objections and suggestions were invited by the competent authority at the time of Draft Town Planning Scheme as well as Preliminary Town Planning Scheme, the petitioner had not raised the objection with respect to the above time limit. It is further submitted that as such the Town Planning Scheme has become final as far back as on 03/05/2006 and the present Special Civil Application has been filed/preferred challenging the Town Planning Scheme after a period of two years and that too at the time when the notice was issued by the appropriate authority under Section 68 of the Town Planning Act read with Rule 33 to implement the Town Planning Scheme. It is further submitted that the petitioner has accepted the Town Planning Scheme, which has become final and has accepted the plot/land alloted to the petitioner as per the redistributed statement under the Town Planning Scheme. It is submitted that when the petitioner submitted the application for extension of time under Section 21 of the Urban Land Ceiling Act and submitted the plan in the year 1993, the petitioner himself has stated that under the Town Planning Scheme now he has been alloted 6423 sq meters of land and, therefore, he is required to submit the plan with respect to the reduced area i. e. 6423 sq meters of land and, therefore, it is submitted that once the petitioner has accepted the land alloted under the finalised Town Planning Scheme, more particularly, as far back as in the year 1993 it is not open for the petitioner now to challenge the Town Planning Scheme.