M.R.SHAH
Patel Prakash, Society Thro Secretary – Appellant
Versus
STATE OF GUJARAT – Respondent
( 1 ) THE petitioner society, whose land is earmarked under the Town Planning Scheme no. 14 for the purpose of widening of the road, has preferred the present Special Civil application under Article 226 of the constitution of India for an appropriate writ, direction or order restraining the respondent authorities from deducting any area of land belonging to the society and further to direct the respondents to widen the road in such a way that no portion of land of the society is deducted. However the learned advocate appearing for the petitioner does not press the prayer in terms of para 31 (A ). Therefore this Court is not dealing with the same. The petitioner has also prayed for an appropriate writ, direction or order directing the respondents to vary the Town Planning scheme in the area in which the land of the petitioner is situate under the provisions of Sections 70 and 71 of the Town Planning act so as to exclude the lands of the petitioner from the said Town Planning scheme No. 14.
( 2 ) THOUGH the prayer in terms of Para 31 (B) is some what similar to that of prayer 31 (A) which is not pressed by the petitioner, in view of the fact that a prayer is made for a
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