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2017 Supreme(Guj) 1494

R.SUBHASH REDDY, VIPUL M.PANCHOLI
Kishanbhai Hargovandas Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellants :Mr. Prashant Desai Sr. Advocate with Mr. D.K. Puj, Advocate
For the Respondents:Mr. K.M. Antani, AGP., Mr. Keyur A. Vyas, Advocate, Mr. Navin Pahwa Sr. Advocate for M/s. Thakkar and Pahwa Advocates, Caveator

ORDER :

VIPUL M. PANCHOLI, J.

1. The original petitioners, appellants herein, have preferred this appeal under Clause 15 of the Letters Patent challenging the judgment and order dated 05.06.2017 passed by the learned single Judge in Special Civil Application No. 16299 of 2010 by which the said petition has been dismissed.

2. The factual matrix of the case are as under;

The petitioners are the owners of the land bearing Survey No. 296 ad-measuring 4,876 sq. metres situated at Unjha, District Mehsana. In 1993 the Unjha Area Development Authority (hereinafter referred to as “the UADA”) declared its intention to develop a Town Planning Scheme u/s.42(1) of the Gujarat Town Planning and Urban Development Act, 1976 (for short, “the Act”). The land in question was brought within the area of the proposed town planning scheme. On 24.08.1995 the UADA submitted a Draft Town Planning Scheme to the State Government for its sanction. The State Government accorded its sanction to the Draft Scheme known as Town Planning Scheme No. 6 vide Notification dated 09.06.1999

3. It is the case of the petitioners that as per the sanctioned Draft Town Planning Scheme, the land belonging to the petitioners bearing







































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