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2022 Supreme(Guj) 1581

A. P. THAKER
Sun Builders Pvt Ltd. – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : JIGAR J PATEL
For the Respondent: MR SATYAM Y CHHAYA,

ORDER :

1. The petitioner seeks to challenge the arbitrary and illegal action on the part of the respondents-Authority, more particularly, the Respondent - Ahmedabad Municipal Corporation for illegally and forcibly trying to take possession of the land bearing Revenue Survey No.387/4 admeasuring 4039 Sq. Mtrs owned by the petitioner herein, under the guise of showing the lesser area of the said land as O.P. No. 74 admeasuring 3660 Sq. Mtrs in the draft Town Planning Scheme No.28 (Ghatlodia - Sola - Chandlodiya), inspite of the fact that the preliminary town planning scheme is still not prepared and pending with the Town Planning Officer, appointed by the State Government under Section 50 of the Gujarat Town Planning & Urban Development Act, 1976 ("the Act of 1976" for short).

2. The short facts giving rise to the present petition are as under:-

2.1 That the land bearing Revenue Survey No.387 was huge parcel of land admeasuring approximately 25091 Sq. Mtrs. However, it appears that thereafter the same was divided into 4 part being Revenue Survey Nos. 387/1, 387/2, 387/3 and 387/4 situated at mouje Sola, Taluka Daskrol, District Ahmedabad. It is stated that so far as the present issue i

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