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A. Y. KOGJE
Babubhai Samatbhai Dolar – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
[1] These three petitions are filed with similar facts and for similar reliefs pertaining to particular town planning road of sanctioned Town Planning Scheme No.34 covering village Magob of Surat. The reliefs prayed for are also identical in nature for shifting 24 meters road line to avoid demolition of the residential houses of the petitioners in each of these three petitions. Considering the commonality of subject matter and the requests made on behalf of both the sides, these three petitions are taken up for joint hearing and dismissal. The facts are recorded from the lead matter being Special Civil Application No.8537 of 2019.
[2] The petitions are filed seeking relief of quashing and setting aside the notice dated 28.03.2019 issued by the respondent No.3 being Executive Engineer of Surat Municipal Corporation and seeking further direction to shift 24 meter town planning road so as to avoid demolition of the residential houses of the petitioners. It is also prayed that if the width of the town planning road is reduced to 18 meter then the demolition of the residential houses of the petitioners would be prevented. The petitioners have also made prayer for setting aside
The main legal point established in the judgment is that the town planning scheme was framed in accordance with the law and that the project for laying down the 24 meter road was essential in public ....
The court upheld the authority of the State Government to make variations in the Town Planning Scheme and directed the Town Planning Officer to consider objections against the proposed variation in a....
The Town Planning Scheme, sanctioned under the Gujarat Town Planning Act, is valid and serves public interest, overriding private claims and previous judicial orders regarding easementary rights.
Legal contention raised about applicability of Article 243ZD etc. has no application to the facts of the present case as the same applies only if the Scheme in question is framed by the concerned Mun....
Point of law: There remains no shadow of doubt that where the draft scheme has been sanctioned by the Government, the lands required for the purposes specified in the clauses (c), (f), (g) or (h) of ....
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 provision....
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