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SCA/2288/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2288 of 2008
=========================================================
RAMANBHAI
PREMABHAI PATEL & 1 - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance :
MR
NV GANDHI for Petitioner(s) : 1 - 2.
NOTICE
SERVED for Respondent(s) : 1 - 2, 4,
MR HS MUNSHAW for
Respondent(s) :
3,
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CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 05/08/2008
ORAL
ORDER
1. Petitioners
have filed this petition claiming following relief:
?S7. Under the
facts and circumstances and grounds stated herein above, the
petitioner prays that:-
PRAYER
A) YOUR LORDSHIPS
may be pleased to issue a writ of mandamus, or any other appropriate
writ, order or directions and be pleased to direct the respondents to
allot separate final plot to the petitioners which is not liable for
any premium to the state government in Town Planning Scheme No.16
(PAL) instead of allotting land having original plot No.29 bearing
final plot No.58,34 and 60 bearing Block No.452 situated at Village
Pla, Tal & Dist. Surat.
B) During the
pendency and disposal of this petition Your Lordships may be pleased
to direct the Respondents to maintain status-quo in respect of old
tenure land having Block No.452, bearing Survey No.470 and account
no. 285, admeasuring Hectare 1-44-68 Sq. Mtr. Situated at Village
Pal, Tal & Dist. : Surat
C) YOUR LORDSHIPS
be pleased to pass any other and further order as may be deemed fit
in favour of the petitioners.??
2. It
is the case of the petitioners that they were holding agricultural
lands in Village Pal, District Surat. Such lands were old tenure
lands. While preparing Town Planning Scheme No.16(Pal), the said
lands have been given original plot No.29 and ultimately, final plot
Nos. 58, 34, 60 have been given to such lands along with other
adjoining owners without demarcating the lands internally. It is also
the case of the petitioners that the other land owners, owned the new
tenure lands, whereas, the land of the petitioners was an old tenure
land. Petitioners are, therefore, making grievance also about the
directions for payment of premium.
3. In
response to the notice issued by this Court, learned AGP, Shri
J.K.Shah, appearing for the Government, drew my attention to a
communication dated 13th August, 2007. It is stated
inter-alia that the land is alloted in proportion of the holding of
the individual owners. He submitted that if the petitioners have any
grievance about the same, they should point out before the Government
their grievances along with necessary material in support of their
contentions.
4. If
the petitioners are justified in contending that they were holding
old tenure lands whereas in the town planning scheme, they have been
alloted land along with other land owners, who are holding new tenure
lands, the request for permitting demarcation, etc. would be
justified. However, without concluding this issue petitioners are
permitted to point out all these aspects by making a representation,
which may be made within two weeks from today. If such a
representation is made within the time permitted, the competent
authority in the Government shall consider and decide the same in
accordance with law and suitably reply to the petitioner and take
appropriate consequential steps as may be found necessary at the time
of approving the town planning scheme.
5. Petition
is disposed of at this stage. Direct service is permitted.
(AKIL
KURESHI, J.)
ashish//
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