NEUTRAL CITATION

undefined

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 4203 of 2019 [On note for speaking to minutes of order dated 05/04/2022 in R/SCA/4203/2019 ]

With CIVIL APPLICATION (DIRECTION) NO. 1 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4203 of 2019 With CIVIL APPLICATION (FOR AMENDMENT) NO. 1 of 2022 In R/SPECIAL CIVIL APPLICATION NO. 4203 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 3 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4203 of 2019 =============================================

MAHESHBHAI MANGAJI THAKOR & 2 other(s)

Versus STATE OF GUJARAT THROUGH THE SECRETARY & 3 other(s)

=============================================

Appearance:

MR KV SHELAT(834) for the Petitioner(s) No. 1,2,3 MS. JYOTI BHATT, AGP for the Respondent(s) No. 1 MR DEEP D VYAS(3869) for the Respondent(s) No. 2 NOTICE SERVED BY DS for the Respondent(s) No. 3,4 =============================================

CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE Date : 18/04/2022

ORAL ORDER

The Note for speaking to minutes is moved for adding the para regarding the continuing of the interim relief in order dated 05-04-2022. After Para-14, Para-15 be added as under:

“15. At this stage, learned Advocate for the petitioners request for stay of this order for reasonable time, to which learned Advocate for the respondents has no objection. Hence, this order is stayed till 25-04-2022.”

Note for speaking to minutes is disposed of. Fresh Writ be issued accordingly. Direct service is permitted.

(A.Y. KOGJE, J)

PARESH SOMPURA

NEUTRAL CITATION

undefined

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 4203 of 2019 With CIVIL APPLICATION (DIRECTION) NO. 1 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4203 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 3 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4203 of 2019 With CIVIL APPLICATION (FOR AMENDMENT) NO. 1 of 2022 In R/SPECIAL CIVIL APPLICATION NO. 4203 of 2019 ================================================================

MAHESHBHAI MANGAJI THAKOR & 2 other(s)

Versus STATE OF GUJARAT THROUGH THE SECRETARY & 3 other(s)

================================================================

Appearance:

MR KV SHELAT(834) for the Petitioner(s) No. 1,2,3 MS JYOTI BHATT, AGP for the Respondent(s) No. 1 MR DEEP D VYAS(3869) for the Respondent(s) No. 2 NOTICE SERVED BY DS for the Respondent(s) No. 3,4 ================================================================

CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE Date : 05/04/2022

ORAL ORDER

1. This petition under Article 226 of the Constitution of India is filed by the petitioners praying inte alia as under :-

“[A] The Hon’ble Court be pleased to admit and allow the present petition by issuing a writ of mandamus and/or appropriate writ, order or direction in the nature of mandamus holding that the Draft TP Scheme No.21 (5th Varied) Ambawadi in so far as the petitioners’ properties at Survey No.187 are concerned, is bad, inoperative, as null and void, unconstitutional, illegal scheme in view of the jurisdictional lapses and non observance of mandatory procedure by

	NEUTRAL CITATION
	undefined

Act read with Rule 16 to 24 of the GTP Rules, in so far as the petitioners are concerned and an appropriate writ be issued not to execute or implement such Draft TP Scheme against the petitioners in view of the non-observance of the mandatory procedure rendering the draft scheme illegal and invalid;

[B] The Hon’ble Court be pleased to issue appropriate writ, order or direction quashing and setting aside the sanction given by the State Government to the Draft TP Scheme No.21 (5th Varied) under Section 48 which is without issuing any notices, without hearing and without considering the claims of the petitioners and notice under Section 68 Rule 33 of the GTP Act and the communication dated 14/2/2019 purporting to be final order and proposed action of the respondent authorities in threatening for immediate demolition without hearing the

Click Here to Read the rest of this document