JUDGMENT :

M.R. Shah, J.

By way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for appropriate writ, order and/or directions quashing and setting aside the modification in the Preliminary Town Planning Scheme No. 6 (Unja) QUA Original Plot No. 207-Final Plot Nos. 107, 224, 227 and 229, made by the respondents-State of Gujarat while exercising its powers as contemplated under section 65(1)(a) and (b) read with section 52(2) of the Gujarat Town Planning and Urban Development Act, 1976 (hereinafter referred to as "the Act" for short), with all consequential and incidental effects and to direct the respondents to vary the aforesaid Preliminary Town Planning Scheme No. 6 (Unja) accordingly.

2. Facts leading to the present Special Civil Application and the chronological events in nutshell are as under:-

3. That the petitioners are the owners of the land bearing Survey No. 296 admeasuring 4876 sq.mtrs. situated at Unja, District Mehsana. That Unja Area Development Authority (hereinafter referred to as "the UADA" for short) declared its intention to make a Town Planning Scheme under section 42(1) of the Act on 2/5-11-1993 and the aforesaid land in question was brought within the area of proposed Town Planning Scheme. That thereafter, as per the provisions of the Gujarat Town Planning and Urban Development Rules, 1979 (hereinafter referred to as "the Rules" for short), the intention was published in the local newspaper "Jansatta" by a public notice on 7/4/1995, whereby it was informed that the owners' meeting is going to be convened on 15/4/1995. That thereafter the appropriate authority made Preliminary Town Planning Scheme No. 6 (Unja) and published the same in the local newspaper "Jansatta" on 24/4/1995, whereby invited objections and suggestions with respect to Draft Town Planning Scheme No. 6 (Unja) as per section 42(1) of the Act. That the same was also published in the Government Official Gazette on 27/4/1995. After taking into consideration the objections and suggestions received by the area development authority, it had submitted the said Draft Town Planning Scheme to the State Government for sanction under section 48 of the Act on 24/8/1995. That the State Government (Urban Housing and Urban Development Department) in exercise of its powers under section 48 of the Act sanctioned the said Town Planning Scheme No. 6 (Unja) vide notification dated 9/6/1999. That as per the sanctioned Draft Town Planning Scheme, Original Survey No. 296 owned by the petitioners was given Original Plot No. 207 admeasuring 4876 sq.mtrs. against which it was proposed to allot Final Plot No. 207 admeasuring 3900 sq.mtrs., the proposed deduction at the relevant time was 20%. That after the Draft Town Planning Scheme came to be sanctioned by the State Government under section 48 of the Act, the State Government appointed Town Planning Officer on 21/8/1999 for finalisation of the Draft Town Planning Scheme in exercise of its powers under section 50(1) of the Act. That the Town Planning Officer issued notices upon the petitioners-land owners inviting objections and suggestions on the sanctioned Draft Town Planning Scheme on 21/3/2000. It appears that in response to the aforesaid notice, no objections and/or suggestions were submitted to the Town Planning Officer on behalf of the land owners to the aforesaid proposal with respect to Survey No. 269-Original Plot No. 207. That thereafter the Town Planning Officer vide its letter dated 6/5/2003 to the UADA, forwarded the tentative reconstitution plan, showing the proposed Town Planning Road and Final Plots allotted to UADA for their further objections and suggestions. It appears that no objections and suggestions were received from UADA. Thereafter the UADA vide its Town Planning Committee vide its resolution dated 6/8/2000 and General Board Resolution dated 9/9/2003 sent its opinion to the Town Planning Officer. On the basis of the objections and suggestions received