M.R. Shah, J.— Rule. Shri Pandya, learned Advocate waives service of notice of Rule on behalf of Respondent Nos. 3 and 4 and Shri Dave, learned AGP waives service of notice of Rule on behalf of Respondent Nos. 1 and 2. In the facts and circumstances of the case and with the consent of the learned advocates for the respective parties, the matter is taken up for final hearing today.

2. By way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for an appropriate writ, direction and / or order directing the respondent authorities to vary the scheme under Section 70 A of the Gujarat Town Planning and Urban Development Act, 1976, qua the lands of the petitioners and to restore the allotment of Final Plot No. 143 to the petitioners

2.1 The petitioners have also prayed for an appropriate writ, direction and / or order quashing and setting aside the Town Planning Scheme No. 28 (Althan Bhatar-Surat) qua the land of the petitioners.

3.0 The facts leading to the present petition in nutshell are as under:

3.1. That the land in question being Survey No. 35 total admeasuring 12,901 sq.mtrs. belonged to one Ukabhai Narayanbhai Patel. That the said l