ORAL ORDER

[1] This petition under Article 226 of the Constitution of India is filed by the petitioners for following relief:-

“(B) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction for quashing and setting aside the Town Planning Scheme No.84 (Vatva-4), Ahmedabad qua the Final Plot No.23/1 admeasuring 2730 sq.mtr. and be further direct the respondent authorities to vary the Town Planning Scheme No. 84(Vatva-4), Ahmedabad and be further direct the respondent authorities to correct the Town Planning Scheme No.84 (Vatva-4), Ahmedabad so far as the situation and location of survey no.36/1/1 is concerned and further be direct the respondent authorities to allot the Final plot to the petitioners on the same place where at present the survey no.36/1/1 is situated.”

[2] The challenge is to Town Planning Scheme No. 84 (Vatva-4) (preliminary) sanctioned by the Government of Gujarat on 23.10.2017 regarding land bearing survey no.34/2, 35, 36/1/1, 36/2, against which the authorities allotted original plot No.23/1 and Final Plot No. 23/1 of village Vatva, Taluka, City East, District:

Ahmedabad.

[3] It is the case of the petitioners that the petitioners are the owners and occupiers of five survey numbers i.e. survey No.34/2 admeasuring 910 sq.mtrs, survey No.35 admeasuring 708 sq.mtrs, survey No.36/2 admeasuring 304 sq.mtrs, survey No.36/1/1 admeasuring 2630 sq.mtrs and survey No.40 admeasuring 5160 sq.mtrs. After the introduction of the Town Planning Scheme No. 84 (Vatva-4), the Town Planning Authority at the stage of draft town planning scheme has given two final plot to the present petitioners i.e Final Plot No.23/1 admeasuring 3153 sq.mtrs against survey Nos.34/2, 35, 36/1/1 and 36/2. Against the survey No.40, a separate final plot No.23/2 is allotted by the authority. The main dispute in the present petition is in respect of Final Plot No.23/1, allotted by the authority against four survey Nos. i.e. 34/2 admeasuring 910 sq.mtrs, survey No.35 admeasuring 708 sq.mtrs, survey No.36/2 admeasuring 304 sq.mtrs, survey No.36/1/1 admeasuring 2630 sq.mtrs. The main grievance of the petitioners is pertaining to the original survey No.36/1/1 which is the biggest survey number of the present petitioners so far as the final plot No.23/1 is concerned.

[4] Learned advocate Mr. Jigar Raval appearing for the petitioners submitted that the authority decided to frame the town planning scheme No.84 (Vatva-4) under the provisions of the Gujarat Town Planning and Urban Development Act, 1976 (for short “the Act”). The said land included in the draft town planning scheme alongwith the other land of the present petitioners and against that the authority has given Final Plot No.23/1. The present petitioners came to know that there is some mistake regarding the location of survey No.36/1/1 and therefore, the petitioners made representation to the authority. The land of the present petitioners is situated on 18.00 meter road shown in the map at Annexure-D, but due to the mistake on the part of the Town Planning Authority, they have considered the survey No.36/1/2 in place of the land of the petitioners i.e. 36/1/1. Therefore, petitioners requested all the authorities on so many occasions to do the needful in the matter. Again the petitioners made detailed representation to the Town Planning OfÏcer on

11.02.2016.

[4.1] It is submitted that thereafter the Talati-cum-Mantri, Vatva in presence of the panchas, drawn the panchnama considering the possession of original owners over the land in question and submitted the same to the Town Planning Authority by communication dated 25.07.2016. The petitioners requested the Town Planning Authority to give the correct effect regarding the said land in the preliminary scheme, however the authority did not correct the situation of the final plot so far as the land of the petitioners is concerned.

[4.2] It is argued that it is the duty of the authority before even framing any d