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NIRZAR S. DESAI
Hasmukhbhai Gopalbhai Patel – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
ORDER IN SPECIAL CIVIL APPLICATION NO.23828 OF 2022:
1. The matter was heard extensively on 07.03.2023 and it was agreed and understood between the parties that matter was being argued finally. Hence, Rule. Learned advocate Mr.Digant Popat waives of service of notice of Rule on behalf of newly added respondent Nos.6 and 7, learned Assistant Government Pleader Ms.Dharitri Pancholi waives service of notice of Rule on behalf of Respondents State No.1 and 3 and learned advocate Mr.Dhaval Nanavati waives service of notice of Rule on behalf of Respondent No.2 – Surat Municipal Corporation as well as Respondent Nos.4 and 5.
2. Pursuant to the order dated 06.03.2023, on 06.03.2023 learned advocates for the respective parties had come to the chamber of author of this judgment at 5:00 p.m. and had examined the original records. The Court also had orally directed learned Assistant Government Pleader to produce necessary documents for clarity of facts in respect of whether the proposal for carving out Final Plot Nos.9 and 10 was already there at the time of recommanding the Prelimi
The main legal point established in the judgment is that failure to raise objections at the appropriate time and factual inaccuracies in the petitioner's claims can lead to the dismissal of a petitio....
Point of law: Notwithstanding anything contained in section 70, a town planning scheme may at any time be varied by a subsequent scheme made, published and sanctioned in accordance with the provision....
Authority under the Act of 1976 exercises a quasi-judicial power which implies observing of the principles of natural justice and to conclude that the occupants are not entitled to occupy the plots. ....
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 ....
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