C/SCA/13751/2020 CAV JUDGMENT DATED: 05/01/2022

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 13751 of 2020

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE BIREN VAISHNAV

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1

Whether Reporters of Local Papers may be allowed

to see the judgment ?

NO

2

To be referred to the Reporter or not ?

NO

3

Whether their Lordships wish to see the fair copy

of the judgment ?

NO

4

Whether this case involves a substantial question

of law as to the interpretation of the Constitution

of India or any order made thereunder ?

NO

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NIRMALABEN PRANJIVAN BHAGAT

Versus

STATE OF GUJARAT

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Appearance:

MR.MEHUL SHAH, LD. SENIOR ADVOCATE with MR ARPIT A

KAPADIA(3974) for the Petitioner(s) No. 1

MR.MEET THAKKAR, AGP (1) for the Respondent(s) No. 1

MR KAUSHAL D PANDYA(2905) for the Respondent(s) No. 2,3,4,5

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CORAM: HONOURABLE MR. JUSTICE BIREN VAISHNAV

Date : 05/01/2022

CAV JUDGMENT

1. RULE. Mr.Meet Thakkar learned AGP waives

service of Rule for respondent No.1 and Mr.Kaushal

Pandya learned advocate waives service of Rule for

respondent nos.2 to 5.

Page 1 of 16

C/SCA/13751/2020 CAV JUDGMENT DATED: 05/01/2022

2. By way of this petition, under Article 226 of the

Constitution of India, the petitioner has prayed for

the following relief:

“(A) Your Lordships may be pleased to admit

and allow this petition;

(B)

Your Lordships may be pleased to

appropriate writ, order or direction to declare

the action of respondents in attempting to

cause demolition in or upon the land bearing

survey no 17 (Original Plot No 13) as per the

sanctioned Preliminary Town Planning Scheme

No 24 (Tunki) Final Plot No 22, 28 and 29,

Katargam, Surat as illegal, arbitrary, against

the principles of natural justice and dehors the

provisions of Gujarat Town Planning and Urban

Development Act;

(C)

Your Lordships may be pleased to

appropriate writ, order or direction to restrain

the respondents from causing any demolition in

the land bearing survey no 17 (Original Plot No

13) as per the sanctioned Preliminary Town

Planning Scheme No 24 (Tunki) Final Plot No

22, 28 and 29, Katargam, Surat.

(D)

Pending admission, hearing and final

disposal of this petition, Your Lordships may be

pleased to direct the respondents to maintain

the status-quo with respect to the land bearing

survey no 17 (Original Plot No 13) as per the

sanctioned Preliminary Town Planning Scheme

No 24 (Tunki) Final Plot No.22, 28 and 29,

Katargam, Surat; And further be pleased to

direct the respondents to maintain status-quo

with respect tot eh approach road which is

being used by the petitioner since last about 40

years.”

Page 2 of 16

C/SCA/13751/2020 CAV JUDGMENT DATED: 05/01/2022

3. Facts in brief are as under:

3.1

It is the case of the petitioner that he along

with one Shri Ramanlal Dahyabhai Patel entered into

a partnership deed in the name and style of

M/s.P.B.Processing. Vide the partnership deed, Shri

Dahyabhai Patel has brought land bearing Revenue

Survey No.18 admeasuring 24,648 sq.meters into

the partnership. A cloth processing unit was

established on the land. Subsequently Mr.Patel

resigned from the partnership and according to the

petitioner for more than three decades now the

petitioner is running the industrial unit of cloth

processing upon the plot.

3.2

A Preliminary Town Planning Scheme No.24

was sanctioned by the State of Gujarat vide

notification dated