JUDGMENT :

(1) The present writ petitions emanate from Town Planning Scheme Surat No.6 (Majura-Khatodra) with regard to Final Plots No.85 and 86 situated in Village Majura, Taluka Choryasi, District Surat (Original Plot No.53/A).

FACTS:

(2) It is the case of the petitioners that they are the owners and occupiers of the aforesaid Final Plots No.85 and 86 (Original Plot No.53/A and later on bifurcated into Survey No.53/2/1 and Survey No.53/2paiki) as per the Town Planning Scheme.

2.1) Pursuant to a registered partition deed dated 03.10.1975 entered into between the members of Penubhai Parshottambhai HUF namely - (1) Penubhai Parshottambhai, (2) Parsanaben Parshottambhai, (3) Natvarlal Penubhai, (4) Vasudev Penubhai, (5) Devidas Penubhai, (6) Chandrakant Penubhai; and (7) Shivdas Penubhai, the concerned plot is divided into seven equal parts amongst the petitioners. The petitioners in their support have produced a map annexed with the partition deed.

2.2) Accordingly, on 03.11.1975, Entry No.1350 came to be mutated in the revenue record, showing partition and names of all seven parties to the partition deed, which was certified on 31.12.1975.

2.3) The petitioners have stated that the parcel of land in Survey No.53/2/1 is in the ownership of seven members, out of which two co-owners viz. Parsanaben and Penubhai were given Final Plot No.86 and the said two co-owners lost their entire parcel of land and no portion of the land was deducted from the area of other five co-owners of the partition deed. The petitioners have alleged that in view of the Town Planning Scheme, the said two owners lost their entire parcel of land.

2.4) On 28.07.1987, the Final T.P. Scheme was sanctioned and came into force. The Town Planning Scheme came to be finalized, being Town Planning Scheme Surat No.6 (Majura– Khatodara) wherein, in lieu of Survey No.53/2/1, two final plots i.e. Nos.85 and 86 were carved out. The Final Plot No.85 came to be allotted to the petitioners and Final Plot No.86 came to be allotted to the private respondents herein from the land of Parsanaben and Penubhai, whose entire parcel of land was taken away while giving effect to the said scheme.

2.5) Shri Penubhai passed away on 16.12.1982 and Parsanaben Penubhai passed away on 05.03.1989.

2.6) Being aggrieved by the same, the petitioners (legal heirs of Penubhai) preferred the present petitions being Special Civil Application Nos.3018 of 1999 and 3022 of 1999 inter alia challenging the Town Planning Scheme Surat No.6 (Majura-Khatodara) in respect of land bearing Survey No.53/2/p and Survey no. 53/2/1) re-numbered as Final Plot Nos.85 and 86.

2.7) In the year 2016, after order dated 27.07.2016 passed by this Court, the petitioners even placed on record Entry No.1350 by way of an additional affidavit to show that the names of the petitioners were incorporated in the revenue record giving effect to the partition deed dated 03.10.1975.

2.8) Recently, the respondent - Town Planning authority, issued a notice dated 16.03.2022 addressed in the name of staff of the petitioners asking the petitioners to vacate the Final Plot Nos.85 and 86. The petitioners have replied to the same on 04.04.2022 bringing out the correct facts by clearly stating therein that no copy of the sketch or map, as indicated in the notice dated 16.03.2022, has been provided to the petitioners and requesting the respondent authorities to provide the same.

2.9) The petitioner preferred Civil Application (for amendment) No.2 of 2022 in both the petitions to challenge to the notice dated 16.03.2022 and all consequential action undertaken thereto.

SUBMISSION OF THE PETITIONERS:

(3) Learned Senior Advocate Mr.Y.N.Oza with learned advocate Mr.Savjani appearing for the petitioners at the outset has submitted that the petitioners are not challenging the Town Planning Scheme but their objection is with regard to the manner of the division of the final plot. He has contended that the Town Planning Officer ought to have considered the registered