SKYLINE DEVELOPERS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD the learned advocates for the parties.

(2.) THE petitioner has purchased certain lands forming part of Final Plot No. 885 and 898 of Town Planning Scheme No. 1 of Raiya. In the show cause notice, it is stated inter-alia that original plot No. 44 admeasuring only 853 sq. mtrs. against which two final plot No. 885 and 898 admeasuring 734 sq. mtrs and 600 sq. mtrs. respectively, i. e. totaling 1334 sq. mtrs. has been alloted. It is also stated that inspite of reducing the land holding to 853 sq. mtrs. , total of 1334 sq. mtrs. of land has been alloted to the original land owner. It is also stated that notice under Section 135-D of the Bombay Land Revenue Code had not been issued to the State Government, Town Planning Department or Rajkot Urban Development Authority before certifying the entry No. 4528 in the land revenue record. Certain other glaring irregularities have also been noted in the said show cause notice. Eventually, the Collector Rajkot, therefore, called upon the petitioner to show cause why the said entry not be set aside.

(3.) LEARNED advocate for the petitioner submitted that once the Town Planning Scheme was sanctioned and became final, it was thereafter, not open for the Collector to interfere with the scheme in the guise of altering the entry in the revenue record. Heavy reliance was placed on the decision of Learned Single Judge dated 3. 4. 1997 passed in Special Civil Application No. 9602/1996 and connected matters.