Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Sunita Agarwal, D.N.Ray
Haribhakti Raneshwar Mahadev Sanshthan Charitable – Appellant
Versus
State of Gujarat – Respondent
| Table of Content |
|---|
| 1. background of judicial proceedings and objections. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. petitioner's claims of land reservation and issues. (Para 9 , 10 , 11 , 12 , 13) |
| 3. dispute resolution and procedural considerations. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. court's directive for re-evaluation of objections. (Para 21 , 22 , 23 , 24 , 25) |
ORDER :
SUNITA AGARWAL, C.J.
1. Heard Mr. Asim Pandya, learned Senior Counsel assisted by Mr. Manan Bhatt, learned advocate appearing for the Appellant, Mr. Maulik G. Nanavati, learned advocate for the respondent-corporation and Mr.Kamal Trivedi, learned Advocate General assisted by Ms.Ankeeta Rajput, for the respondent-state.
2. From a perusal of the record, it is pertinent to note that the original petitioner-Appellant herein had earlier approached this Court in Special Civil Application No.900 of 2005 challenging the determination made under the proposed Preliminary Town Planning Scheme with regard to four plots namely Revenue Survey Nos.370, 372, 374 and 388, belonging to the petitioner-trust. A bare reading of the judgment and order dated 04.05.2006 indicates that while hearing of the writ petition, learned advocate appear
The State Government must consider objections to a Town Planning Scheme per legal requirements, ensuring a reasoned order and opportunity for a personal hearing for affected parties.
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. ....
Subsequent purchasers cannot challenge land acquisition proceedings conducted before their purchase, especially if original owners did not contest validity, supporting clean hands doctrine.
The central legal point established in the judgment is the interpretation and application of the provisions of the Maharashtra Regional and Town Planning Act, 1966, specifically regarding the vesting....
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 : State Government is directed to take appropriate decision in accordance with law and on merits, after considering the objections and suggestions, if any, received and considering sec.6....
Land acquired for a public purpose can be utilised for any other public purpose and once possession of land in taken and land is vested in Municipality free from all encumbrances, restitution of surp....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
