BHASKAR BHATTACHARYA, J.B.PARDIWALA
VADODARA SHAHERI JILLA KHEDUT MANDAL THROUGH PRESIDENT – Appellant
Versus
VADODARA MUNICIPAL CORPORATION THRO' MUNICIPAL COMMISSIONER – Respondent
(PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA)
1. By this application under Article 226 of the Constitution of India in the nature of a Public Interest Litigation, the petitioner, an Association of Farmers, namely, Vadodara Shaheri Jilla Khedut Mandal, residing and carrying on agricultural operations within the territorial limits of Vadodara Urban Development Authority (VUDA) seeks to challenge the constitutional validity of various Notifications issued by the Government of Gujarat, and the resolutions passed by VUDA in exercise of powers under the provisions of the Gujarat Town Planning & Urban Development Act, 1976.
2. Case of the Petitioner :
2.1 According to the petitioner, the State of Gujarat with an object to consolidate and amend the law relating to the preparation and execution of the development plan and Town Planning Schemes within the State enacted an Act No.27 of 1976 known as The Gujarat Town Planning & Urban Development Act (for short The Town Planning Act). The Town Planning Act enjoins a duty upon the development authority to prepare a development plan under the Act and also to prepare and execute the Town Planning Schemes if so directed by the State Governm
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