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2021 Supreme(Guj) 889

ASHUTOSH J.SHASTRI
RAMANLAL AMRUTLAL PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant : MR TRILOK J PATEL
For The Respondent: MR HARDIK MEHTA AGP.

ORDER :

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

    “(A) To stay the operation, implementation and execution of the impugned notice dated 18/06/2021 at Annexure – F issued by the Ahmedabad Municipal Corporation and impugned order dated 20/09/2021 at Annexure – I passed by the Town Planing Officer,

(B) Be pleased to permanently restrain the respondent authorities to take possession of land of petitioners bearing survey No.1081, Original Plot No.294 admeasuring 2125 sq. mt, without handing over the possession of Final Plot No.294 admeasuring 1275 sq. mt., which was allotted to petitioners under the Scheme.”

2. The background of facts which has given rise to filing of the petition is that the petitioners are the owners and occupiers of land bearing survey No.1081 situated in the sim of Village Shilaj, Taluka Ghatlodia, District Ahmedabad. The aforesaid land of the petitioners was included in the Draft Town Planning Scheme bearing No. 405/Shilaj/Ambali under the provisions of the Gujarat Town Planning and Development Act, 1976. The land bearing survey No. 1081 admeasuring 2125 sq. mtrs. was allotted fin

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