N.V. Anjaria, J.

1. By filing the present petition under Article 226 of the Constitution, the petitioner has prayed to direct the respondent authorities to vary the Town Planning Scheme No. 28 (Althan Bhatar - Surat) under Section 70 of the Gujarat Town Planning and Urban Development Act, 1976 on the ground that the scheme suffers, in respect of treating the land of the petitioner, from error and irregularity as the original plot area of land belonging to the petitioner is 9904 sq. mtrs., whereas what is considered in the scheme is 8804 sq.mtrs. It prayed to allot the corresponding plot to the petitioner and it is further prayed to set aside Town Planning Scheme qua the land of the petitioner.

2. The petitioner is the owner and occupier of original land bearing survey No. 28 (28/1, 28/2+3 and 28/4 as well as block No. 33) admeasuring total 9904 sq. mtrs. Under the Town Planning Scheme, final plot No. 131 appears to have been allotted to the petitioner.

3. The Surat Municipal Corporation in exercise of powers conferred under Section 41(1) of the Gujarat Town Planning and Urban Development Act, 1976 (herein after referred to as "Town Planning Act" for the sake of brevity) decl