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1987 Supreme(Guj) 150

S.B.MAJMUDAR, R.J.SHAH
KIKABHAI UKABHAI PATEL – Appellant
Versus
STATE – Respondent


Advocates Appeared: GIRISH D.BHATT, S.H.SANJANWALA

S. B. MAJMUDAR, J.

( 1 ) IN this petition under Art 226 of the Constitution of India the petitioners who are residents of village Bhesan in Choryasi taluka of Surat district have brought in challenge the development plan pertaining to village Bhesan sanctioned by the State of Gujarat under the provisions of the Gujarat Town Planning and Urban Development Act 1976 (the Act for short) Before we refer to the main contentions canvassed in this petition it will be necessity to have a look at a few introductory facts. Introductory facts: The petitioners are agriculturists and are residing at village Bhesan in Choryasi taluka of Surat district. It is their case that their lands are being irrigated by canal water supplied to them by the State authorities. Respondent No. 1 is the State of Gujarat respondent No 2 is the Special Land Acquisition Officer while respondent No. 3 is a body corporate known as Surat Urban Development Authority functioning under the provisions of the Act; while respondent No. 4 is the Chief Executive Authority of respondents No. 2. Respondent No. 5 is Surat Municipal Corporation constituted under the provisions of the Bombay Provincial Municipal Corporation Act 1949











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