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SCA/2882420/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 28824 of 2007
=========================================================
DASHRATHBHAI
SOMABHAI NAYAK - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
BS PATEL for
Petitioner(s) : 1,MRS RANJAN B PATEL for Petitioner(s) : 1,
MR
SATYAM CHHAYA, AGP for Respondent(s) : 1,
NOTICE SERVED BY DS for
Respondent(s) : 1,3 - 4.
MR RM CHHAYA for Respondent(s) : 2,
MRS
SHASHI V PARIKH for Respondent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 08/08/2008
ORAL
ORDER
The
petition was filed at the stage when the petitioner apprehended that
the authorities will undertake road widening through his field
without following due procedure. Apparently, thereafter, the road
widening task was undertaken and by now have been completed. The
main prayer of the petition, as it stood at the time of filing the
petition therefore, has become infructuous.
Learned
advocate Shri B.S. Patel for the petitioner, however submitted that
the authorities have applied a much larger deduction in the area of
the plot to be granted to the petitioner pursuant to the Town
Planning Scheme. He submitted that even the exact demarcation of the
plot is not yet indicated and the petitioner apprehends that the
petitioner may suffer on account of the situation of the plot that
may be alloted to him also. He submitted that the authorities should
take a final decision only after giving an opportunity of being
heard to the petitioners.
Learned
advocate Shri R.M. Chhaya and learned AGP Shri Satyam Chhaya
appearing for the authorities and State Government respectively
submitted that even as per the provisions of Town Planning and Urban
Development Act, the petitioner has right of being heard before
taking a final decision.
I
have no reason to believe that the authorities will not follow legal
procedure and hear the petitioner.
Subject
to above observations, the petition is disposed of. Notice is
discharged.
(Akil
Kureshi,J.)
(raghu)
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