( 1 ) THE challenge in this petition under Art. 226 of the constitution is against the proposal of the respondent authority for variation in the scheme for upgradation of slums situated on different parcels of lands which form part of town planning scheme No. 22 in exercise of statutory powers under Secs. 70, 71 and 52 of the Gujarat Town Planning and Urban Development Act, 1976 for a writ of prohibition. (Presidents Act No. 27 of 1976) ("g. T. P. U. D. Act") and Rule 26 of the Gujarat town Planning and Urban Development Rules, 1976 ("g. T. P. U. D. Rules" ).

( 2 ) THE petitioners are owners of lands bearing final plot No. 315 situated in town Planning Scheme No. 22 Narayannagar Road, Paldi, Taluka City, District- ahmedabad. They purchased sub-plots of S. No. 315 by registered sale deed in the month of December 1983. Thus, each petitioner is holding separate portion of land in the said final plot No. 315. The petitioners have inter alia relied on consent purshis below Exhs. 5 and 6 in Civil Suit No. 523 of 1986 and also in Civil Suit no. 6017 of 1986 dated 13-7-1987 and by placing copies of both the orders passed in the aforesaid suits pending between the petitioners