JUDGMENT :

1.1 Initially, the main challenge in this petition is made by the petitioners to :- (i) some of the provisions of the Gujarat Town Planning and Urban Development Act, 1976 and prayed to declare ultravires to the Constitution of India; (ii) the Town Planning Scheme No.16 (Kapodara), Surat as ultravires; and (iii) restrain the Authorities concerned from evicting the petitioners from their plots being part and parcel of Town Planning Scheme No.16 (Kapodara), Surat.

1.2 It is noted that since the petitioners have challenged the vires of the Act, the matter was initially listed and heard by the Division Bench of this Court.

The learned advocate for the petitioners, on instructions, made a statement before the Division Bench of this Court that the petitioners are no longer interested in pursuing the reliefs claimed by which challenge was made to the vires of the provisions of the Gujarat Town Planning and Urban Development Act, 1976 and thereby he did not press this petition qua challenge to vires. The Division Bench of this Court has accepted the statement and vide its order dated 21.01.2020 observed that “ In view of the above statement, this petition, now being cognizable by t