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SANDEEP N. BHATT
Hiteshbhai Gordhanbhai Goti – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. By way of the present petition filed under Article 226 of the Constitution of India, the petitioners have prayed to quash and set aside the resolution passed by the Standing Committee dated 22.01.2021 and consequent thereto Notice dated 15.07.2021 issued under Section 213 of the Gujarat Provincial Municipal Corporation Act.
2. The brief facts leading to the present petition are that the petitioner is the owner and occupier of the land bearing Survey No.1051/2/B of Village Variyav, Taluka, Adjan Dist.Surat. In the year 2004, Surat Municipal Corporation had declared its intention to frame the Town Planning Scheme No.37(Variyav) and notification of intention was published on 10.02.2004 and thereafter Corporation has prepared the Draft Scheme. The State Government sanctioned Draft Town Planning Scheme and appointed Town Planning Officer on 09.10.2006. In the revised Development Plan 90 Mtrs. road was proposed passing through the original Survey No.1051/2/B in the Town Planning Scheme, therefore, Town Planning Officer revised the 60 Mts. road to 90 Mts. road in the final Town Planning Scheme. Thus, the Survey No.1051/2/B/p demarcated as O.P.No.26 admeasuring 8175 sq. Mts c
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 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 emphasized that the petitioner should approach the appropriate authority if an adverse order is passed by the Government, as the matter is pending with the Government.
Section 210 (1) (a) empowers the Commissioner to prescribe a street line for the first time without the prior approval of the Standing Committee (as has been done in the present case). It is only und....
The main legal point established in the judgment is that under Section 20(2) of the Gujarat Town Planning and Urban Development Act, 1976, if the land is not acquired within the specified period, the....
The Court upheld the Assistant Estate Officer's eviction order under the Town Planning Act, confirming that petitioners' objections were unsubstantiated given their failure to challenge the Town Plan....
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