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1995 Supreme(Guj) 445

N.N.MATHUR
SHILPA PARK CO OPERATIVE HOUSING SOCIETY LIMITED – Appellant
Versus
SURAT URBAN DEVELOPMENT AUTHORITY – Respondent


Advocates Appeared: D.J.BHATT, M.D.PANDYA, P.G.DESAI

N. N. MATHUR, J.

( 1 ) THE challenge in this Special Civil Application is the Town planning Scheme framed pertaining to the City of Surat for the area Karanj, Scheme no. III, Survey No. 7, Plot No. 4.

( 2 ) PETITIONER is a registered Co-operative Housing Society having more than 190 members, who are the plot-holders of the society. The say of the petitionersociety is that it purchased the land bearing survey No. 7 of village Karanj, for the purpose of construction of residential houses. The original owner of the land executed Satakhat (Agreement to sale) in favour of the Co-operative Housing Society on 25-6-1975, and delivered the possession of the said land. As the said piece of land was within the territorial jurisdiction of Karanj Panchayat, permission was sought from the said Panchayat before raising the construction. Now the survey No. 7 which was given the original plot number as plot No. 4, on reconstitution, has been marked as Plot No. 5 and 8, has been reserved for garden and the other part of the piece of land marked as Plot No. 54, has been reserved for school under the Town Planning Scheme. Stating the facts with respect to the Town Planning scheme, it is stated that aft
















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