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2021 Supreme(Guj) 1182

BIREN VAISHNAV
PATEL JAYESHBHAI HIRABHAI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant : MR NV GANDHI
For The Respondent: MR NIKHILESH J SHAH

ORDER :

1. Both these petitions have been preferred by the petitioners for the same cause of action and, therefore were heard and decided together.

2. For the purpose of convenience, the facts of SCA No.7974 of 2020 shall be referred to.

3. The petitioners have prayed for quashing and setting aside the impugned notification dated 2.11.2011 issued by the Urban Development and Urban Housing Department, Sachivalaya, Gandhinagar. The grievance of the petitioners is that the 18 meter road is being shifted towards the Final Plots which is without authority of law, unconstitutional and violative under Articles 14 and 300A of the Constitution of India.

4. The facts in brief are as under:

    It is the case of the petitioners that the respondent especially the Himmatnagar Nagar Palika is shifting the alignment of 18 meter wide T.P. / D.P. road towards their Final Plots under the guise of notification under Section 48(2) of the Town Planning Act. It is the case of the petitioners that nine years after the notification was issued, the respondent No.3, Himmatnagar Nagarpalika has issued notice dated 9.6.2020 by wrongly assuming powers under Section 68 of the Gujarat Town Planning and Urban Development

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