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 accordance with the law.

JUDGMENT :

1. By way of present petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs :

“A. YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions directing the respondent authorities to forthwith implement Town Planning Scheme No.15 (Fulpada), Surat, as far as construction of 12 mtrs road adjacent to Final Plot No.81 is concerned, and further be pleased to direct the respondent – Corporation not to make any variation, which reduces the width of the road from 12 mtrs. To 9 mtrs;

AA. YOUR LORDSHIPS may be please to issue writ of mandamus or a writ in nature of mandamus and/ or any other appropriate writ, order or directions quashing and setting aside then impugned notification dated 30.12.2021 passed by respondent no.1 as the same is contrary to the provisions of the Gujarat Town Planning and Urban Development Act and Rule.

B. YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions, quashing and setting aside the impugned resolution dated 28.02.2019 passed by the respondent No.3 (Surat Municipal Corporation) (at ANNEXURE – hereto) as well as resolution impugned resolution dated 04.06.2019 passed by respondent No.3 (Surat Municipal Corporation) (at ANNEXURE-E herto);

C. During the pendency and final disposal of the present petition, YOUR LORDSHIPS may be pleased to direct the respondent authorities to forthwith implement Town Planning Scheme No.15 (Fulpada), Surat as far as construction of 12 mtrs. Road adjacent to Final Plot No.81 is concerned, and further be pleased to direct the respondent-Corporation not to make any variation, which reduces the width of the road from 12 mtrs. to 9 mtrs;

D. Pass any such other and/ or further orders that may be thought just and proper in the facts and circumstances of the present case.”

2. The Brief facts of the present case, as emerged from the petition, are as under:

2.1 The preliminary Town Planning Scheme No. 15 (Fulpada), Surat was sanctioned by the State Government vide Notification dated 12.3.1992 and the said Scheme became final on 19.5.1998. It is contended that the said final Scheme is in existence as on the date of filing of the petition and though 22 years have been passed, it was not implemented qua Final Plot No.81. It is contended that the respondent-Surat Municipal Corporation has made a proposal for variance of the part of the scheme. According to the petitioners, in that context, a writ petition was preferred before this Court being Special Civil Application No. 15707/2004, which came to be allowed by order dated 18.2.2005 wherein also the question was regarding reducing the width of the road.

2.2 According to the petitioners, the competent authority is bound to implement the scheme and though the scheme has become final, the petitioners were not given benefit of road of 12 mtrs adjoining to Final Plot No.81. It is alleged that in absolutely illegal manner, the intention for the third variation of the Draft Planning Scheme No.15 (Fulpada) was declared on 27.6.2018. It is contended that as per respondent Corporation the said was published in newspaper but since the petitioners were never comprehending that there would be third variation to the Town Planning Scheme, they missed the newspaper. It is contended that however, no notice was issued to the petitioners as required under Rule 17 of the Gujarat Town Planning & Urban Development Rules, 1979. It is contended that thereafter in absolutely illegal manner, a resolution was passed by the respondent No.3 i.e. Surat Municipal Corporation on 28.2.2019 with regard to declaring intention of the third variation. It is contended that without issuing personal notice to the petitioner, who are directly affected by the proposed third variation, the Corporation straight away passed Resolution on 4.6.2019 for sendi