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SCA/463/2011 4/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 463 of 2011
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================================
1.
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2.
To
be referred to the Reporter or not ?
3.
Whether
their Lordships wish to see the fair copy of the judgment ?
4.
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5.
Whether
it is to be circulated to the civil judge ?
=========================================================
RAGHUVIRSINH
DOLATSINH VANSIYA & 2 - Petitioner(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
=========================================================
Appearance :
MR
AMIT V THAKKAR for
Petitioner(s) : 1 - 3.
MR. DAVE, AGP for Respondent(s) : 1 -
2.
NOTICE SERVED BY DS for Respondent(s) : 1 - 5.
MR UI VYAS
for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 17/03/2011
ORAL
JUDGMENT
1. Rule.
Mr. Dave, learned AGP, waives service of notice of Rule on behalf of
respondent nos. 1 and 2 and Mr. Vyas, learned advocate, waives
service of notice of Rule on behalf of respondent nos. 3 and 5. With
the consent of the learned advocates for the respective parties, the
matter is taken up for final hearing today.
2. By
way of this petition under Article 226 of the Constitution of India,
the petitioners have prayed for an appropriate writ, direction and
order quashing and setting aside the impugned communication dated
2.8.2010 (Annexure K) issued upon the Surat Urban Development
Authority, by which the application submitted by petitioners for
development permission/ sanction of the plan has been filed /
rejected, at this stage, by observing that the land in question is in
the proposed Town Planning Scheme No.13 (T-30) and unless and until
the measurement by DILR is not completed the application of the
petitioner for development permission cannot be considered.
3. Shri
Amit Thakkar, learned advocate for the petitioners has submitted that
as on today there is no intention declared by the appropriate
authority with respect to Town Planning Scheme No.30(T-30) and
therefore, it cannot be said that the proceedings under the Town
Planning Act have been initiated and therefore, the action of the
respondent authority in not considering the application of the
petitioners for development permission and/ or not to sanction the
application on the aforesaid ground cannot be sustained. Shir Amit
Thakkar, learned advocate for the petitioners has heavily relied upon
the order passed by this Court dated 27.8.2010 passed in Special
Civil Application No.6055 of 2010 by which in the similar set of
circumstances when even with respect to Town Planning Scheme No. T-26
and T-27 no intention was declared and the respondent authority
refused to consider the application for development permission, this
Court directed the appropriate authority to consider same.
4. Shri
Vyas, learned advocate for the Surat Urban Development Authority is
not in a position to dispute that as on date there is no intention
declared by the appropriate authority with respect to Town Planning
Scheme No.30 (T-30). Considering the earlier order passed by this
Court dated 27.8.2010 passed in Special Civil Application No.6055 of
2010, he has submitted that let the petitioners submit an appropriate
application afresh, which shall be considered in accordance with law
and on merits at the earliest.
5. In
view of the above and considering the earlier order passed by this
Court dated 27.8.2010 passed in Special Civil Application No.6055 of
2010 for the reasons stated in the said order, the impugned
communication of the respondent-Surat Urban Development Authority
dated 2.8.2010 in not considering the application of the petitioners
for development permission / sanctioning plan on merits at this
stage, cannot be sustained and same is hereby quashed and set aside.
Let the petitioners submit appropriate application afresh for
sanction of the plan and development permission, which shall be
considered by the appropriate authority, more particularly, Surat
Urban Development Authority in accordance with law and on merits and
the same shall not be refused on the ground that the land in
question is likely to be covered under the Town Planning Scheme No.30
(T-30) so long as intention with respect to the said scheme is not
declared. The aforesaid exercise shall be completed by the Surat
Urban Development Authority within a period of four months from the
date of submission of afresh application by the petitioners and the
same shall be considered in accordance with law and on merits as
observed herein above. Rule is made absolute to the aforesaid extent.
No costs.
(M.R.SHAH,
J.)
kaushik
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