ORAL ORDER

1. This petition under Article 226 of the Constitution of India is filed seeking directions to the respondent authority to adhere and follow the preliminary Town Planning Scheme No.12 (Kothariya) Rajkot, which was sanctioned under the notification dated 13.07.2018.

2. It is also prayed that the respondent authority may not put up any other roads, which are not the part of the Town Planning Scheme, as the petitioners apprehend that, as there are certain encroachments in the final plot allotted to the petitioners to accommodate them some roads are being led which are again passing from the final plot allotted to the petitioners.

3. It is the case of the petitioners that when the revenue survey number of the petitioners was given the original plot, and thereafter, final plot, the maximum deduction available under the Town Planning Scheme to the extent of 39% of the total land has already been deducted when the petitioners were allotted the final plot.

4. Attention is drawn by the petitioners to Annexure-I, Page No.39, which is the communication dated 28.09.2018, which is a show-cause notice under Section 68 Rule 33 which indicates that in the original plot the roads being of 9 mtrs., 20 mtrs. Town Planning Road and 60 Mtrs. National Highway Road was passing, and thereafter, the final plot has been allotted to the petitioners. The apprehension of the petitioners is that even after the deduction of maximum 39%, other roads are also likely to be laid from the final plot of the petitioners.

5. To this, affidavit of the respondent-Municipal Corporation is filed, wherein it is indicated that the apprehension of the petitioners is unfounded and the activity of laying down of road, if at all on the side, it is only for the purpose of resurfacing of the existing roads.

6. Having considered the aforesaid and considering the apprehension of the petitioners of other roads being laid down from the final plot, cannot be accepted, as the respondent Corporation would not be putting up any other roads except for the roads, which are the part of the sanctioned Town Planning Scheme and which are indicated in the show-cause notice issued under Section 68 Rule 33 of the Town Planning Act. Moreover, when the respondent-corporation has stated on affidavit which is reproduced herein below, which reads as under:-

“2. The respondent no.2 most respectfully submits that village of Kothariya is covered within the territorial limits of Rajkot Municipal Corporation pursuant to the notification dated 30.01.2015 issued by the respondent no.1. It is submitted that the said area is a part of ward no.18 of Rajkot Municipal Corporation since then. The respondent no.2 most respectfully submits that the area in question though used for residential purpose since last more than 20 years, it has been noticed that the roads are not properly maintained. It is stated that, therefore, it has been decided to undertake metaling and resurfacing work on the existing roads for a smooth movement of vehicles and pedestrain. It is submitted that the administration has not removed any encroachment and only undertaken the work of metaling and resurfacing of roads, and therefore, apprehension of the petitioner is without any substance. The respondent no.2 further submits that implementation of preliminary Town Planning Scheme No.12 (Kothariya) Rajkot is already a different issue and as stated herein above at present the authority has only undertaken the metaling work of existing roads. It is further stated that underground sewage system as well as water supply scheme are already in existence, and therefore, the work of only metaling and resurfacing of the roads is undertaken in the interest of public at large. It is submitted that the authority is not expected to take any permission or approval for execution of public works.”

7. Considering the aforesaid, it is observed that the respondent-Corporation, if at all is to put up any road in the Town Planning Scheme then such road woul