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2016 Supreme(Guj) 1697

M.R.SHAH, A.J.SHASTRI
Ramanbhai Hargovinddas Limbachia – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. N.R. Desai
For the Respondents: Mr. S.P. Majmudar

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Single Judge in Special Civil Application No.1089/2015 by which the learned Single Judge has dismissed the said Special Civil Application preferred by the appellants herein – original petitioners (hereinafter referred to as “original petitioners”), the original petitioners have preferred the present Letters Patent Appeal.

2. Facts leading to present Letters Patent Appeal in nutshell are as under:-

2.1 That the original petitioners claimed to be the occupiers of the land bearing Revenue Survey No.53/1, Plot No.72 of village Dumbhal, which is now within the local limits of Surat Municipal Corporation and is part of the Town Planning Scheme No.33, Dumbhal, Surat. That with respect to the area in question including the aforesaid revenue survey number, the draft scheme came to be sanctioned under section 48(2) of the Gujarat Town Planning and Urban Development Act, 1976 (hereinafter referred to as “Town Planning Act”) vide notification dated 21.01.2000. It appears that th









































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