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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, D.N.RAY
Manoj Rasiklal Shah – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. denial of opportunity to be heard. (Para 1 , 2 , 4 , 5 , 6) |
| 2. importance of hearing objections in town planning. (Para 3 , 8 , 10) |
| 3. non-precedence of the orders in future cases. (Para 11 , 13) |
| 4. directions for town planning scheme finalization. (Para 12) |
ORDER :
SUNITA AGARWAL, CJ.
1. The present appeal is directed against a common judgment and order dated 17.04.2025 passed by the learned Single Judge in dismissing a bunch of writ petitions challenging the preliminary Town Planning Scheme on the premise that due opportunity of hearing has not been provided to the petitioners therein. In a set of appeals arising out of the same judgment and order dated 17.06.2025 with the leading Letters Patent Appeal No.742 of 2025, after hearing the learned counsels for the parties, we have passed the following orders:-
“1. These appeals are arising out of the common judgment and order dated 17.04.2025 passed by the learned Single Judge, wherein the challenge to the drawing and preparation of preliminary Town Planning Scheme No.67 (Hansol - 1) by the Town Planning Officer was upturned. With the consent of the learned counsels for the parties, all the appeals have been heard togethe
The court emphasized the necessity of providing a fair hearing and consideration of objections in town planning procedures, reinforcing compliance with established rules.
Due process mandates that petitioners must be granted an opportunity to voice their objections before finalizing a Town Planning Scheme, as prescribed under the relevant rules, ensuring procedural fa....
The right to seek variation of a Town Planning Scheme is not absolute and must be exercised in accordance with procedural requirements; earlier objections must be raised during the planning process.
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....
The Court emphasized the limited scope of interference at the stage of implementation of a sanctioned preliminary scheme and the requirement for the authority to consider objections or representation....
it is clear that, where there is a disputed claim to the ownership of any place of land included in an area in respect of which a declaration of intention to make a scheme has been made and any entry....
The Town Planning Scheme, sanctioned under the Gujarat Town Planning Act, is valid and serves public interest, overriding private claims and previous judicial orders regarding easementary rights.
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....
Owners of land designated for public purposes retain the right to raise objections during the planning process, as provided under the Town Planning Act.
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