ORAL ORDER

1. The matter has been heard finally, as requested by learned advocates for the parties, at the admission stage.

2. The petitioner has filed this petition under Article 226 of the Constitution of India for the following reliefs:

"(a) YOUR LORDSHIPS be pleased to issue appropriate writ, order and/ or direction, directing the respondent authorities to forthwith hand over peaceful and vacant possession of Final Plot No. 6 of Town Planning Scheme No.5 (Jamnagar- Vibhapar) admeasuring 11015 sq. meters, finalised vide Notification No. GH/V/222 of 2016/TPS-172015-630-L dated 20.12.2016 (at Annexure A), in the interest of justice;

(b) YOUR LORDSHIPS be pleased to issue appropriate writ, order and/ or direction, directing the Respondent authorities to pay compensation to the Petitioner - original owner of the land which has been Final Plot No.6 admeasuring 11015 sq. meters under Town Planning Scheme No.5 (Jamnagar- Vibhapar) by determining the amount of compensation on the basis of market price of the land as on this date and to pay the same to the petitioner with 18% interest per annum w.e.f 29.09.2018 till date of actual payment, within such time limit as may be deemed fit, proper and just by this Hon'ble Court, in the interest of justice;

(C) Pending the admission, hearing and final disposal of this petition, YOUR LORDSHIPS be pleased to direct the Respondent authorities to submit action taken report on the representations made by the Petitioner and further be pleased to direct the Respondent authorities to assist and provide all necessary help to the Petitioner in getting peaceful and vacant possession of Final Plot No. 6 admeasuring 11015 sq. meters of Town Planning Scheme No. 5 (Jamnagar- Vibhapar) in the interest of justice;

(D) YOUR LORDSHIPS be pleased to grant such other and further reliefs in favour of the petitioner, as deemed fit, just and proper in the interest of Justice."

3. The brief facts arising from the record are as under:

3.1 The petitioner is the owner and occupier of the land admeasuring 16188 Sq. Meters situated at Revenue Survey No. 939/ Paikee 1 situated at Jamnagar. That in April, 2005, the State Government proposed Town Planning Scheme No.5 (Jamnagar- Vibhapar) in exercise of power conferred under Section 48(2) of the Town Planning Act. The Town Planning OfÏcer was appointed for finalising the draft Town Planning Scheme. Thereafter, Town Planning OfÏcer prepared preliminary Town Planning Scheme and forwarded it to the State Government as provided under Section 52(2) and Section 64 of the Town Planning Act, which came to be finalised on 20.12.2016. On such finalisation, the land owned and possessed by the petitioner bearing Revenue Survey No. 393/ Paikee 1 was given upon Plot No.6 and was later on converted into Final Plot No.6, admeasuring 11015 sq. Meters. Thereafter, on 29.9.2018, Notice came to be issued to the petitioner under Section 68 of the Town Planning Act read with Rule-33 thereof, directing the petitioner to hand over the possession of earmarked portion of Revenue Survey No. 393/ Paikee 1 and to accept Final Plot No.6. It is also further case of the petitioner that his name was mentioned in Form No.F wherein land admeasuring 11015 sq. Meters of Final Plot No.6 came to be shown against him. That on such allotment of Final Plot No.6, when the Petitioner went to the site for taking over possession of the Plot allotted to him, he could get only 80% of the plot area and the possession of remaining 20% area could not be taken as the adjoining Plot owners have raised objection about authority of Municipal Corporation for handing over the Plot to the petitioner. In view of that, the petitioner approached the Municipal authority to do needful for handing over the vacant possession of allotted Final Plot to the petitioner. However, no action came to be taken by the respondent Corporation for handing over the vacant possession of entire Final Plot No.6 allotted to him.

Hence, he has preferred this pet