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2010 Supreme(Guj) 513

M.R.SHAH
Kishanbhai Hargovandas Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioner:Prashant Desai, Sr. Counsel With D.K. Puj, Advocate
For the Respondent:M.R. Mengdey Asst. Government Pleader, Prakash K. Jani, Advocate, Navin Pahwa For Thakkar Associates.

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

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