Gujarat High Court Case Information System
Print
SCA/13740/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13740 of 2011
With
SPECIAL
CIVIL APPLICATION No. 13731 of 2011
With
SPECIAL
CIVIL APPLICATION No. 13732 of 2011
With
SPECIAL
CIVIL APPLICATION No. 13733 of 2011
With
SPECIAL
CIVIL APPLICATION No. 13736 of 2011
With
SPECIAL
CIVIL APPLICATION No. 13737 of 2011
=========================================================
KISHORBHAI
JAYRAMBHAI SARELIYA - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 2 - Respondent(s)
=========================================================
Appearance
:
MR
MRUGEN K PUROHIT for
Petitioner(s) : 1,
IN SCA NOS. 13740/2011 WITH 13731/2011 TO
13733/2011, MR HK PATEL, AGP for Respondent(s) : 1,
IN SCA
NOS. 13736/2011 & 13737/2011, MS VS PATHAK, AGP for Respondent(s)
: 1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 27/09/2011
ORAL
ORDER
1. In
this group of petitions, the petitioners have mainly prays as under:
This
Hon’ble Court may be pleased to issue writ of mandamus or any other
appropriate writ, order or direction, quashing and setting aside the
proposed Draft Town Planning Scheme No.31 of Rajkot Municipal
Corporation qua the petitioner and may be pleased to declare the
said proposed Draft Town Planning Scheme No.31 qua the petitioner is
bad in law, arbitrary, illegal and unconstitutional.
This
Hon’ble Court may be pleased to issue a writ of mandamus or any
other appropriate writ, order or direction directing the action of
the respondents Authority in not allotting the separate original
plot and also the allotment of the separate final plot in view of
the original plot in respect of the Town Planning Scheme No.31 is
bad in law, arbitrary, illegal and unconstitutional.
Or
in the alternative;
This
Hon’ble Court may be pleased to direct the respondents Authorities
to allot the separate and individual original plot and final plot
and may also be pleased to direct to demark the separate original
plot to the petitioner in proposed Draft Town Planning Scheme No.31.
Pending
admission hearing and final disposal of this petition, be pleased to
stay the operation, implementation and execution and further
progress of the proposed Draft Town Planning Scheme No.31, Rajkot
and also be pleased to direct the respondents Authorities not to
take any decision and to act further in respect of the proposed
Draft Town Planning Scheme No.31 qua the petitioner’s land.
Pass
such other and further orders as may be deemed just and expedient.
2. Thus,
essentially their exist challenge to the resizing and reconstituting
of final plot No.2. The plot owned and occupied by various persons
having no inter se relationship and apprehension has poised that such
resizing and reconstituting of plot will lead to ground of
consternation of existing plot holders.
3.
Learned advocate appearing for the petitioner fairly admit that draft
scheme is not so far sanctioned.
3. This
Court is of the view that Court may not interfere with the process.
However, the petitioners are at liberty to make out their case before
the State including Sate Authorities, so as to pursue authorities
that reconstituting of the plot, leading to consternation to existing
plot holders.
4. With
these observations, petition is disposed of. There shall be no order,
as to costs.
(S.R.BRAHMBHATT,
J.)
dks
Top