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SCA/1552/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1552 of 2010
=========================================
PRATAPBHAI
ANANDBHAI SAHU & 28 - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================
Appearance :
MR
US BRAHMBHATT for
Petitioner(s) : 1 - 27, 29,
MR BB DESAI for Petitioner(s) : 1 - 29.
None for
Respondent(s) : 1 - 3.
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 19/02/2010
ORAL
ORDER
1. By
way of this petition under Article 226 of the Constitution of India
the petitioners have prayed for an appropriate writ, order or
direction quashing and setting aside the impugned notice dated
08/02/2010 by which the petitioners are directed to vacate the lands
in question for implementation of Town Planning Scheme No. 15
(Fulpada).
2. Considering
the impugned notice, it appears that the petitioners are served with
the notice, under Section 68 read with Rule 33 of the Gujarat Town
Planning Rules, to implement the Town Planning Scheme No. 15
(Fulpada), which has become final and sanctioned by the State
Government under Section 65 of the Gujarat Town Planning Act. The
said notice has been issued by the appropriate authority while
exercising statutory powers under the provisions of the Gujarat Town
Planning Act. No relief can be granted to the petitioners by which
the respondents are to be restrained from implementing the Town
Planning Scheme, which has become final and/or restraining the
respondents from exercising the statutory powers/duties under the
Gujarat Town Planning Act. No illegality has been committed by the
appropriate authority in issuing the impugned notice under Section 68
read with Rule 33 of the Gujarat Town Planning Rules, which calls for
interference of this Court in exercise of powers under Article 226 of
the Constitution of India. On the contrary the respondent
authorities are complying with the order passed by this Court in
Special Civil Application No. 4444/2009.
3. In
view of the above, no relief can be granted to the petitioners as
prayed for. Hence, there is no substance in the present petition,
which deserves to be dismissed and is accordingly dismissed.
(M.R.
SHAH, J.)
siji
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