Point of law: Notwithstanding anything contained in section 70, a town planning scheme may at any time be varied by a subsequent scheme made, published and sanctioned in accordance with the provisions of this Act.

JUDGMENT :

1. Heard learned Senior Advocate Mr. Sudhir Nanavati for learned advocate Mr. Anuja Nanavati for the petitioners, learned Assistant Government Pleader Mr. Kanva Antani for respondent-State and learned Senior Advocate Mr. Prashant Desai assisted by learned advocate Mr. Deep Vyas for the respondent no.3 through video conference.

2. By this petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs :

“A. Your Lordships may be pleased to issue a writ of Mandamus or any other writ, order or direction in the nature of Mandamus quashing and setting aside the impugned order dated 15.10.2015 by Respondent no.3 at Annexure “A” to the petition; and

B. Your Lordships may be pleased to issue a writ of Mandamus or any other writ, order or direction in the nature of Mandamus staying the operation, implementation and execution of Town Planning scheme no.28 (Nava Vadej)(First Varied) which is sanctioned by State Government vide order no. V/112 OF 1998/ TPS – 1198-1460-L dated 13.08.1998, till appropriate benefit as statutorily permitted are given to the petitioners;

C. Your Lordship may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus directing the Respondents herein not to issue any further notice for the recovery of possession of land bearing Survey no. 457/1 & 457/2 situated at Nava-Vadaj, District Ahmedabad forming part of Town Planning Scheme no. 28 (Nava-Vadaj) till appropriate benefit as statutorily permitted are given to the Petitioners;

D. Pending hearing, admission and final disposal of this petition, this Hon’ble Court may be pleased to stay operation, implementation and execution of the notice / order dated 15.10.2015 at Annexure- “A” and to restrain the Respondents or their representatives from implementing or enforcing in any manner the Town Planning Scheme no.28 (Nava-Vadaj)(First Varied) which is sanctioned by State Government vide order no. V/112 OF 1998/TPS – 1198-1460- L dated 13.08.1998 and further be pleased to grant Status-quo qua land bearing survey no.457/1 &457/2 situated at Village: Vadaj; Taluka: Sabarmati; District: Ahmedabad;

E. Ex-parte/Ad-interim relief in terms of para 10 (D) above be granted to the petitioner;

F. Any other and further reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

3. Brief facts of the case are as under :

(3.1) Petitioner no.1 is a cooperative society and petitioner no.2 is the Chairman/Secretary of the petitioner no.1- cooperative society.

(3.2) It is the case of the petitioners that the then State of Bombay passed a Resolution dated 07.05.1956 whereby it was resolved by the Development Department to implement a Scheme for organization of Cooperative Societies for co-operative cattle breeding and forming society for the improvement of nomadic professional cattle breeders, specially for economical and social betterment of cattle breeders, particularly Rabaris and Bharvads of Kadi, Ahmedabad and Mehsana Regions. Pursuant to such scheme, the petitioner No.1 Society came to be constituted and registered. It is the case of the petitioners that the copy of such registration certificate is lost due to heavy rain and therefore the petitioner no.1 Society has applied for obtaining duplicate certificate.

(3.3) It is the case of the petitioners that under the said Scheme, the petitioners were allotted land bearing Survey Nos.457/1 and 457/2 at Village Vadaj, Taluka Sabarmati, District Ahmedabad.

(3.4) It is the case of the petitioners that since the allotment, the land bearing Survey Nos.457/1 and 457/2 admeasuring 15,479 Sq. mtrs. is in the possession of the petitioner-society and its Members and they are doing their traditional business of cattle breeding and all the Members as on today are having their electricity connections at the said premises. The members of the petitioner society also have valid residential proofs bearing the address of the