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2022 Supreme(Guj) 1483

SANDEEP N. BHATT
Kiran H. Doshi – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. B.J. Trivedi, Advocate, Mr. Bharat T. Rao, Advocate
For the Respondent:Ms. Jyoti Bhatt, AGP, Mr. Deep D. Vyas, Advocate

ORDER :

1. The present petition is filed by the petitioners under Article 226 of the Constitution of India by challenging the impugned action of the respondent Authority by carving out Final Plot No.19 and Final Plot No.21 in Town Planning Scheme No.3 of Odhav – Ahmedabad, whereby the right of the present petitioners is said to be jeopardised.

2. Heard Mr. B.J. Trivedi, learned advocate for the petitioners, Mr.Deep D. Vyas, learned advocate for the Corporation and Ms.Jyoti Bhatt, learned advocate for the State Authorities.

3.1 Mr.Trivedi, learned advocate for the petitioners has submitted that the petitioners are claiming either the original plot, which was their or the alternate plot, which was allotted to them, as per the said Town Planning Scheme.

3.2 He has submitted that the petitioners are inherited the land in question from one Meenaben, widow of Sankalchand Lallubhai by way of a registered Will No.10507 dated 16.12.1991. Said Meenaben expired on 21.03.1993. The beneficiaries of the said registered Will i.e. the petitioners got a probate in their names.

3.3 He has submitted that the draft T.P.Scheme No.3 (Odhav) was declared on 17.12.1976.

3.4 He has submitted that for giving them

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