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2021 Supreme(Guj) 96

VINEET KOTHARI, BIREN VAISHNAV
MANUBHAI RAICHANDBHAI SHAH – Appellant
Versus
NADIAD MUNICIPAL CORPORATION – Respondent


Advocates Appeared:
For the Appellant : MR JF MEHTA
For the Respondent: MR SOAHAM JOSHI, Assistant Government Pleader, MR MEHULSHARAD SHAH

JUDGMENT :

VINEET KOTHARI, J.

1. Present Intra Court Appeal is directed against the order dated 21.9.2016 of the learned Single Judge dismissing Special Civil Application No.9370 of 2001 – Manubhai Raichandbhai Shah vs. Nadiad Municipal Corporation and others. The grievance of the Petitioner / Appellant is that the Town Planning Scheme finalised by the Respondent State Government on 19.5.1999 has not been varied as per the provisions of the Gujarat Town Planning and Urban Development Act, 1976 (the Act) even though the Appellant had not only applied for the same but objected to the Draft Preliminary Scheme and therefore, the construction as raised of three Bungalows by the Appellant, who appear to be belonging to the same family, deserved to be protected and one of their vacant lands marked as Plot No.185/3 as per the Map produced by the Appellant cannot be given away for public purpose by Respondent Nadiad Municipal Corporation to another person one Jitendrabhai whose plot in the adjacent area over Plot No.318 (Shopping Centre) was being taken over for the public purpose by Nadiad Municipal Corporation in the Town Planning Scheme as finalised by the State.

2. The case seems to have l

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