( 1 ) THE petitioner is a resident of Anjar and has been aggrieved by Town planning Scheme No. 3 made by respondent no. 2. His residential house, which is on Survey No. 1237-original plot No. 82, would be adversely affected because the construction put up by him on approximately 20 sq meters of the said land will have to be demolished as a result of the scheme.

( 2 ) THE facts giving rise to the present petition, in a nutshell, are as under; 2. 1. Because of the earthquake which had affected Gujarat, and more, particularly, Anjar, Bhuj, Rapar and other places in the western part of gujarat on 26th January, 2001. respondent no. 2 had declared its intention to make a town planning scheme in respect of Anjar. The said declaration was made under the provisions of Section 41 (1) of the Gujarat Town Planning and urban Development Act, 1976 (hereinafter referred to as "the Act") on 4th May, 2002. In the instant case, the petitioner is concerned with Anjar Town planning Scheme No. 3. The petitioner is having his residential house on original plot No. 82, and he has been allotted final Plot No. 82 in lieu of the said plot. As per the draft scheme, boundaries of the petitioner