Point of Law - As a general rule the order will not be granted unless the party complained of has known what it was he was required to do, so that he had the means of considering whether or not he should comply and it must be shown by evidence that there was a distinct demand of that which the party seeking the: mandamus desires to enforce, and that demand was met by a refusal.

ORDER :

1. By way of this petition, under Articles 226 and 300-A of the Constitution of India read with Articles 14 and 21, the petitioners have prayed for the following reliefs :-

(A) Your Lordships may be pleased to admit this petition;

(B) Your Lordships may be pleased to pass appropriate writ, of mandamus or a writ in the nature of mandamus or any other writ, order or direction thereby directing the respondent nos. 1 to 4 to consider to make variations in the preliminary Town Planning Scheme No. 47 (Bhestan) under the provisions of Section 70 of the Gujarat Town Planning and Urban Development Act, 1976 qua the land bearing Revenue Survey No. 3 of the petitioners and the lands bearing Revenue Survey Nos. 9, 10, 12 and 13 of the respondent no. 5 of Village : Bhestan, Taluka : Choryasi (City) District : Surat, which are renumbered as O.P. Nos. 5/A and 5/B + 6 respectively and reconstituted as Final Plot no. 10 and Final Plot No. 4 under the preliminary T.P. Scheme No. 47 (Bhestan) for allotment of the separate Final Plot/s to the petitioners and the respondent no. 5 in the interest of justice.

(C ) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to grant interim relief/ ad-interim/ ex-parte relief directing the respondent nos. 1 to 4 to consider to make variations in the Preliminary Town Planning Scheme No. 47 (Bhestan) under the provisions of Section 70 of the Gujarat Town Planning and Urban Development Act, 1976 qua the land bearing Revenue Survey No. 3 of the petitioners and the land bearing Revenue Survey Nos. 9, 10, 11, 12 and 13 of the respondent no. 5 Village : Bhestan, Taluka ; Choryasi (City) District : Surat which are renumbered as O.P. Nos. 5/A, and 5/b + 6 respectively and reconstituted as Final Plot No. 10 and Final Plot No. 4 under the preliminary T.P. Scheme No. 47 (Bhestan) for allotment of the separate Final Plot/s to the petitioners and the respondent no. 5 in the interest of justice.

(D) Your Lordships be pleased to pass any such other and/or further order/s, though just and proper, in the interest of justice.”

2. The case of the petitioners is that the petitioners and respondent nos. 6 and 7 are the joint owners of the land bearing Revenue Survey Nos. 3, Village Bhestan, Taluka Choryasi (City) District, Surat, admeasuring 1012 sq.mtrs. It is the case of the petitioners that they came under the holding of this land by virtue of ancestral tenancy rights and proceedings under the provisions of Gujarat Tenancy and Agricultural Lands Act, 1948. According to the petitioners, respondent no. 5, is a giant textile industrial company, who is the owner of the lands bearing Revenue Survey Nos. 2, 4, 5, 6, 9, 10, 12 and 13 of Village : Bhestan, Taluka : Choryasi (City), District : Surat totalling around 69,403 sq.mtrs. On 16.10.1999, the Surat Municipal Corporation declared its intention of making Draft Town Planning Scheme No. 47 (Bhestan) under Section 41 of the Gujarat Town Planning and Urban Development Act, 1976. After inviting objections and/or suggestions, the Surat Municipal Corporation submitted draft T. P. Scheme No. 47 (Bhestan) to the State Government for sanction under Section 48(2) of the Gujarat Town Planning and Urban Development Act. The State Government sanctioned the above T.P. Scheme No. 47 (Bhestan) vide Notification dated 29.08.2003.

2.1. It is further the case of the petitioners that the petitioners do not have any objections against the proposal under the draft Town Planning Scheme. Under the draft T.P. Scheme No. 47 (Bhestan), the land bearing Revenue Survey No. 3 of Village : Bhestan, Taluka : Choryasi (City), District : Surat of the petitioners is renumbered as Original Plot No. 6, area admeasuring 1,012 sq.mtrs., which is reconstituted as Final Plot No. 6 – area admeasuring 706 sq. mtrs., whereas lands of respondent no. 5 bearing Revenue Survey numbers as stated above, is totalling around 69,403 sq.mtrs., is renumbered as O.P. No. 5/A, area admeasure