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SCA/16453/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 16453 of 2010
=========================================================
VINUBHAI
AMBALAL PATEL & 4 - Petitioner(s)
Versus
AHMEDABAD
MUNICIPAL CORPORATION & 1 - Respondent(s)
=========================================================
Appearance :
MR
UI VYAS for
Petitioner(s) : 1 - 5.
HL PATEL ADVOCATES for Respondent(s) :
1,
NOTICE SERVED for Respondent(s) : 2,
MR DIPAK C RAVAL for
Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 21/02/2011
ORAL
ORDER
1. By
way of this petition under Article 226 of the Constitution of India,
the petitioners have prayed for an appropriate writ, direction and
order directing the respondent to finalize the Town Planning Scheme
No.103, Nikol and grant the peaceful and vacant possession of the
Final Plot No.70 to the petitioners by removing encroachers from the
petitioners land.
2. At
the outset, it is required to be noted that as such the Town Planning
Scheme No.103 (Nikol) is reported to be at Draft Town Planning Scheme
and therefore no direction can be issued upon the respondents to
handover the peaceful and vacant possession of the Final Plot No.70
to the petitioners. After sanctioning the Draft Town Planning Scheme
which is already now sanctioned, the Preliminary Town Planning Scheme
is to be prepared by the TPO and thereafter the same is to be
sanctioned by the State Government under Section 65 of the Gujarat
Town Planning Act. In view of the above, Shri Vyas, learned advocate
for the petitioners does not press the present petition at this stage
with a liberty to file fresh petition after the Preliminary Town
Planning Scheme sanctioned by the State Government. Permission is
accordingly granted. Petition is dismissed as not pressed with above
liberty.
(M.R.SHAH,J.)
kaushik
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