Judgment

Arijit Pasayat, J.—Challenge in this appeal is to the legality of the judgment rendered by a Division Bench of the Gujarat High Court in a Letters Patent Appeal which was filed by Dahod Nagarpalika (in short ‘Nagarpalika’), the respondent No. 2 in this appeal. In the Letters Patent Appeal challenge was to the judgment rendered by a learned Single Judge in a writ petition filed by the present appellant for a direction to implement and execute a scheme sanctioned under the provisions of the Gujarat Town Planning and Urban Development Act, 1976 (in short the ‘Act’).

2. The learned Single Judge had directed to implement the Town Planning Scheme in question in accordance with the provisions of the Act and the Gujarat Town Planning and Urban Development Rules, 1979 (in short the ‘Rules’). A time limit for carrying out the directions was fixed and the last date was indicated to be 30th June, 1999. The Division Bench allowed the appeal and set aside the judgment rendered by learned Single Judge.

3. The factual position in a nutshell is as follows:

Several parties are involved in the dispute. They are Navinchandra Nanalal Kikawala and another, the tenant Pachubhai Matrubhai Pathak, ano