P. R. GOKULAKRISHNAN, J.

( 1 ) THIS Special Civil Application is for issuing a writ direction or order for quashing and setting aside the sanctioned plan wherein the Surat Urban Development Authority had shown final Plot No. 109 of the petitioners for reservation of the cottage industry by the Surat Municipal Corporation. There is a further prayer for restraining the respondents in any way from implementing the said plan. Further consequential prayers have also been made in this Special Civil Application. Rule was issued. Mr. G. N. Desai the learned Counsel appears for the and respondent and waives service of Rule. Mr. Chhaya appears for the 1st respondent and waives service of Rule. As far as the 3rd respondent is concerned we feel that this petition can be disposed of in his absence on the facts and circumstances of this case. Since the learned Counsels appearing for the petitioners and the 1st and 2nd respondents are agreeable to dispose of the matter finally we have taken up this petition for final disposal. Hence we have heard the respective learned Counsels for the petitioners and 1st and 2nd respondents.

( 2 ) THE short facts of this case for the purpose of disposal of this Special Civil Application are that the petitioners who own Plot No. 109 in the Town Planning Scheme object for inclusion of this plot in the town planning and reserving it for cottage industries by the Surat Municipal Corporation. They question the preliminary and final Town Planning Scheme on the grounds that original draft development plan was made under the provisions of the Bombay Town Planning Act 1954 and hence the preliminary and final scheme settled under the provisions of the Gujarat Town Planning and Urban Development Act; 1976 cannot be sustained that the provisions of the Bombay Town Planning Act 1954 and the Gujarat Town Planning and Urban Development Act 1976 for settling the Town Planning Scheme are different and as such there must be fresh development plan as per the Gujarat Town Planning and Urban Development Act 1976 and then only the preliminary and final Town Planning Scheme can be settled; that there was no notice before settling preliminary Town Planning Scheme nor the subsequent final Town Planning Scheme to the petitioner herein and as such the same is null and void that the original purpose for which the development plan was submitted is for having a play ground for a school while the present purpose is for cottage industries and as such the same has to be struck down and that it is not the function of the Municipal Corporation to have cottage industries as per the provisions of the Bombay Provincial Municipal Corporations Act and as such the acquisition under the Town Planning Scheme for cottage industries cannot be sustained. With the abovesaid contentions the petitioners wanted to quash the Town Planning Scheme. Mr. R. N. Shah the learned Counsel appearing for the petitioners putforth the abovesaid contentions and submitted that the Town Planning Scheme. in respect of Plot NJ. 109 has to be quashed. Mr. G. N. Desai the learned Counsel appearing for the Surat Municipal Corporation pointed out Sec. 124 of the Gujarat Town Planning and Urban Development Act 1976 and contended that the proceedings started under the Bombay Act 27 of 1952 are saved; that the notice was given before the Town Planning Scheme was settled; that the preliminary Town Planning Scheme was settled as early as 1980 and it is too late on the part of the petitioners to question both the preliminary and final Town Planning Scheme as late as 1988 that the Surat Municipal Corporation has ample power to establish cottage industries and acquire the land for the same that the petitioners had notice with regard to the purpose for which the land is included in the Town Planning Scheme that there is absolutely no merits in any of the contentions putforth by the petitioners herein.

( 3 ) WE have carefully considered all the submissions made by the respective Counsels

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