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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, CJ., D.N.RAY
Bhagyalakshmi Housing Society – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. initial facts about town planning scheme (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. petitioners' objections and history (Para 7 , 8 , 9 , 10) |
| 3. section 70 procedures for variation (Para 11 , 12 , 13) |
| 4. arguments on right to variation (Para 17) |
| 5. court's reasoning on existing orders (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 6. conclusion of dismissal (Para 24) |
ORDER :
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. Having heard learned counsels for the parties and perused the record, pertinent is to note that this intra Court appeal arises out of the judgment and order dated 19.09.2025 passed by the learned Single Judge in dismissing the writ petition refusing to interfere with the order dated 02.12.2022 passed by the Chief Town Planning officer, as also the order dated 09.01.2024 passed by the Nagarpalika.
2. The dispute in the writ petition was pertaining to the Town Planning Scheme namely T.P. Scheme No.1 (Bilimora -Desra).
3. The original petitioners–appellant herein claims to be a society which was formed in the year 1992 for the purposes of development of the land which is Revenue Survey No.485/1, part of the Town Planning Scheme in the year 1992.
4. As per the st
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: 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....
The court upheld the authority of the State Government to make variations in the Town Planning Scheme and directed the Town Planning Officer to consider objections against the proposed variation in a....
Legal contention raised about applicability of Article 243ZD etc. has no application to the facts of the present case as the same applies only if the Scheme in question is framed by the concerned Mun....
The court emphasized the necessity of providing a fair hearing and consideration of objections in town planning procedures, reinforcing compliance with established rules.
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....
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