( 1 ) RULE. Shri Rashmin Chhaya, Learned advocate waives service of rule on behalf of the respondent No. 2. Shri Sud, Ld. AGP waives service of rule on behalf of the respondent No. 1. With the consent of the parties, the matter is taken up for final hearing today.

( 2 ) THE petitioner was the owner of the land bearing S. No. 167/5 admeasuring 4047 sq. mtrs. of land situated at Village Nikol, ahmedabad. On Town Planning Scheme being introduced, the same was given Original Plot no. 21 and new Original S. No. 167/5 i. e. 0. P. No. 21 is given F. P. No. 194 which is reserved for the purpose of garden in lieu of original S. No. 167/5 O. P. No. 21, the petitioner is allotted F. P. No, 12 admeasuring 2906 sq. mtrs of land. It is the case of the petitioner that the Town Planning Scheme has become final on 17. 8. 1998 still the petitioner is not handed over the peaceful and vacant possession of P. P. No. 12 which has b,een allotted to the petitioner under the Town planning Scheme which has become final and the respondents are insisting for taking possession of O. S. No. 167/5 O. P. No. 21 now f. P. No. 194. Therefore, the present Special civil Application is filed for an appr