JUDGMENT :

V.M. Pancholi, J.

1. Rule. Mr. K.M. Antani, learned assistant Government Pleader, waives service of notice of Rule for respondent No. 1, Mr. Deep D. Vyas, learned advocate, learned advocate waives service of notice of Rule for respondent No. 2, Mr. Sunil S. Joshi, learned advocate, waives service of notice of Rule for newly added respondent No. 3 and Mr. Bharat R. Pandya, learned advocate, waives service of notice of Rule for newly added respondent Nos. 4 and 5.

2. Looking to the issue involved in the present petition and with the consent of the learned counsel appearing for the parties, this petition is taken up for final disposal.

3. This petition is filed by the petitioners under Article 226 of the Constitution of India, in which, the petitioners have prayed for the following reliefs:

"(A) YOUR LORDSHIPS may be pleased to issue writ of mandamus or any other appropriate writ to set aside the order dated 17/7/2019 passed by Respondent no. 2 at ANNEXURE-A; and issue an appropriate writ, order or direction, to the Respondents to complete the necessary formalities in accordance with Section 70 and other provisions of the Act to remove the error, irregularities in the preliminary T.P. Scheme No. 37/A (Thaltej) qua Final Plot No. 2/1, 2/2/1, 2/2/2, 32/1 & 32/2;

(B) YOUR LORDSHIPS may be pleased to direct the Respondents not to make the Final T.P. Scheme No. 37/A (Thaltej) qua Final Plot No. 2/1, 2/2/1, 2/2/2, 32/1 & 32/2, pending the admission, hearing and final disposal of this petition;

(C) YOUR LORDSHIPS may be pleased to pass such other and further order as the nature and circumstances of the case may be required."

4. Heard Mr. Dharmesh V. Shah, learned advocate for the petitioners, Mr. K.M. Antani, learned Assistant Government Pleader for respondent No. 1 State, Mr. Deep Vyas, learned advocate for respondent No. 2, Mr. R.S. Sanjanwala, learned Senior Advocate assisted by Mr. Sunil Joshi, learned advocate for newly added respondent No. 3 and Mr. Saurabh Soparkar, learned Senior Advocate assisted by Mr. Bharat Pandya, learned advocate for newly added respondent Nos. 4 and 5.

5. Learned advocate for the petitioners submitted that petitioner No. 1 is a registered Co-operative Society registered under the Gujarat Co-operative Societies Act, 1961 and petitioner Nos. 2 to 7 are the members of the said society. It is submitted that the dispute in the present petition is with regard to the reconstitution and division of Final Plot No. 2 as contained in Draft Town Planning Scheme No. 37/A (Thaltej). It is submitted that as per the Draft Town Planning Scheme No. 37/A (Thaltej), land bearing Survey Nos. 497/1 and 498/P are now given Final Plot No. 2, land bearing Survey Nos. 500/1, 500/2 and 500/3 are given Final Plot No. 6 whereas land bearing Survey No. 508/P admeasuring 6588 sq. meters and 508/P admeasuring 1506 sq. meters are given Final Plot No. (12+13)/1 admeasuring 3953 sq. meters and Final Plot No. (12+13)/1 admeasuring 904 sq. meters.

5.1. It is submitted that the concerned authority has sanctioned the development permission and lay-out plan for the scheme of fifty residential tenements on land bearing consolidated Final Plot No. 2+6+(12+13)/1 of the said Town Planning Scheme subject to submission of NA Permission for the land bearing the said original plot under Section 65 of the Gujarat Land Revenue Code, 1879 ('the Code' for short). On submission of NA permission for the land bearing Survey Nos. 500/1, 500/2 and 500/3, sanctioned lay-out plan was issued by the concerned authority and development permission was granted for carrying out construction of thirteen tenements. Thereafter, the authority has sanctioned revised lay-out plan for forty-eight residential tenements proposed on the land bearing aforesaid final plots in lieu of the original plot with special conditions wherein part of Final Plot No. 2 was denoted as "la