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2005 Supreme(Guj) 710

M.R.SHAH
Snehanjali Co-operative Housing Society Ltd. Thro Its Chairman – Appellant
Versus
STATE OF GUJARAT (Ahmedabad) – Respondent


Judgment

M.R. Shah, J.— By way of Special Civil Application No. 1931 of 2005 under Article 226 of the Constitution of India, the petitioner Snehanjali Co-operative Housing Society Limited (hereinafter referred to as “the Snehanjali Society) has prayed for an appropriate writ, direction and/or for quashing and setting aside the Town Planning Scheme, Thaltej No. 1 (final) in so far as it relates to original Survey No. 113/2. A further prayer is also made to quash and set aside the variation made in the Town Planning Scheme, Thaltej No. 1 (final) vide notification dated 23.04.2001 in exercise of powers under Section 70 of the Gujarat Town Planning and Urban Development Act and Rules 1976 (for short “the Act and Rules”) by which the scheme was varied with regard to original Survey Nos. 113/2 and 113/1 and final plot Nos. 68 and 67 respectively on account of an error. It is also further prayed for an appropriate writ, direction and/or order directing the Ahmedabad Urban Development Authority (AUDA) not to disturb the possession of the petitioner from Survey No. 113/2 i.e., F.P. No. 65, which forms the part of the Town Planning Scheme, Thaltej No. 1 (final). It is also further prayed for






























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