MAHESHBHAI KHUMANSING RATHVA Vs. COLLECTOR

JUDGEMENT

(1.) BY way of this petition, the petitioners has challenged the action of the Respondent Corporation of acquiring the residential property. The petitioners have further prayed for direction against the Respondents not to acquire and demolish residential houses of petitioners and others in Zavernagar area, in Survey No. 255, Danteshwar, Vadodara.

(2.) NO statement is made in the petition, whether the petitioner has objected to the implementation of the Town Planing Scheme or not. In that view of the matter, this Court cannot issue any direction after the Town Planing scheme is finalised.

(3.) LEARNED counsel for the petitioner contended that no proper procedure was followed by the Respondent Corporation under the T. P. Act. However, in our view presumption is always in the favour of the authority, unless it is proved, that the proper procedure is followed.