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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, D.N.RAY
Rustomji Kaikhushru Mehta – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. challenge regarding opportunity of hearing in town planning scheme (Para 1 , 2 , 4) |
| 2. arguments on compliance with town planning rules (Para 3 , 8 , 12) |
| 3. court's observations on procedural fairness (Para 5 , 15) |
| 4. directions for further proceedings in town planning case (Para 20 , 21) |
| 5. final dispositions and clarifications regarding the case (Para 22 , 23) |
JUDGMENT :
SUNITA AGARWAL, C.J.
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 together and are being decided by this common judgment.
2. The primary challenge to the preliminary Town Planning Scheme finalized by the Town Planning Officer is about the final plots allotted in the respective original plots of the petitioners and carving out of the Town planning road. The main ground of challenge to the decision of the Town Planning Officer is that though petitioners filed objections before the Town Planning
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 court emphasized the necessity of providing a fair hearing and consideration of objections in town planning procedures, reinforcing compliance with established rules.
Owners of land designated for public purposes retain the right to raise objections during the planning process, as provided under the Town Planning Act.
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....
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 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....
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