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2022 Supreme(Guj) 1292

A. P. THAKER
KALPANABEN PANKAJBHAI SHAH – Appellant
Versus
BHAVNAGAR AREA DEVELOPMENT AUTHORITY – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: BHARAT T. RAO.
For the Respondents: JYOTI BHATT, H.S. MUNSHAW.

JUDGMENT :

A.P. THAKER, J.

1. The petitioner has preferred this petition under Article 226 of the Constitution of India for the following reliefs:

    “(A) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction by quashing and setting aside Notification dated 17.12.2013 whereby Draft Development Plan of Bhavnagar of 2013 has been sanctioned by the Corporation as suggested by Bhavnagar Area Development Authority which is contrary to provisions of law and against the judgment of the Hon’ble Supreme Court in case of Bhavnagar University vs. Palitana Sugar Mill Pvt. Ltd. (2003) 2 SCC 111 and declare that there is no reservation for Draft Development Plan Road passing from Plot No. 8/B owned by the petitioner.

(B) Pending admission, hearing and final disposal of this petition, YOUR LORDSHIPS may be pleased to direct the respondent Municipal Corporation to permit the petitioner to construct bungalow and to grant the permission in accordance with prevailing Development Regulations, without considering any deduction of reservation and discharge the petitioner from undertaking given.

(C) YOUR LORDSHIPS may grant ad-interim relief in terms of

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