NEUTRAL CITATION

undefined

R/SPECIAL CIVIL APPLICATION NO. 9665 of 2020 ================================================================

JAYANTIBHAI JAKSHIBHAI BHARWAD Versus STATE OF GUJARAT ================================================================

Appearance:

MR PRABHAKAR UPADYAY(1060) for the Petitioner(s) No. 1 MR ISHAN JOSHI, AGP for the Respondent(s) No. 1 MR DEEP D VYAS(3869) for the Respondent(s) No. 3 NOTICE SERVED(4) for the Respondent(s) No. 1,2,4 NOTICE UNSERVED(8) for the Respondent(s) No. 5 ================================================================

CORAM: HONOURABLE MR. JUSTICE BHARGAV D. KARIA Date : 04/02/2021

ORAL ORDER

Heard learned advocate Mr.Prabhakar Upadhyay for the petitioner, learned Assistant Government Pleader Mr.Ishan Joshi for the respondent No.1 and learned advocate Mr.Deep Vyas for the respondent No.3 through video conference.

1. By this petition under Article 227 of the Constitution of India, the petitioner has prayed for the following reliefs:

“A) YOUR LORDSHIP may kindly be pleased to issue Writ of mandamus or any other appropriate Writ, direction or Order to quashed and set aside the Notice dated 13.07.2020 vide No.ETS/TPS(Final)/EXE/WZ/94/32+35 Ward No.31 (Vasna) issued by the present respondent Municipal Corporation which is at Annexure-R to this petition in respect of the land belongs to the present petitioner in connection with the T.P.Scheme No.94 (Shahwadi), Mouje-Shahwadi, Taluka-Vatva, District-Ahmedabad.

B) YOUR LORDSHIP may kindly be pleased to

NEUTRAL CITATION

undefined

appropriate Writ, direction or Order to direct the present respondent authorities to vary the Town Planning Scheme No.94 (Shahwadi) under Section 70 of the Gujarat Town Planning and Urban development Act, 1976 on the ground that the scheme suffers in respect of the land of the present petitioner bearing Survey No.570, 572 & 573, Mouje-Shahwadi, Taluka-Vatva, District-Ahmedabad from error and irregularities as from the original plot area of the land bearing Survey No.572 (Final Plot No.34/1 & 34/2) admeasuring about 8802 aq.mtrs. and Survey No.573 (Final Plot No.32+35/2) admeasuring about 8803 sq.mtrs., the present petitioner will get the possession of the open vacant land of the Survey No.572 admeasuring about 2028 sq.mtrs. and land bearing Survey No.573 admeasuring about 4906 sq.mtrs.

C) YOUR LORDSHIP may kindly be pleased to issue Writ of Mandamus or any other appropriate Writ, direction or Order to quashed and set aside the Town Planning Scheme No.94 (Shahwadi) qua the land of the petitioner i.e. land bearing Survey No.570 (Final Plot No.32+35/1), land bearing Survey No.572 (Final Plot No.34/1 & 34/2) and land bearing Survey No.573 (Final Plot No.32+35/2). D) YOUR LORDSHIP may kindly be pleased to direct the present respondent authorities to hand over the peaceful and vacant possession of the land admeasuring about 5281 sq. mtrs (land bearing Survey No.572-F.P. No.34/1 & 34/2) and admeasuring about 5429 sq. mtrs. (land bearing Survey No.573-F.P. No.32+35/2) of the land after reconstitution of the Final Plot in connection with the T.P.Scheme No.94 (Shahwadi).

E) Pending hearing and final disposal of this petition, Your Lordship may kindly be pleased to stay the implementation, execution and operation of the notice dated 13.07.2020 vide No.ETS/TPS(Final)/EXE/WZ/94/32+35 Ward No.31(Vasna) issued by the present respondent Corporation which is at Annexure-R to this petition in respect of the land belongs to the present petitioner in connection with the T.P.Scheme No.94(Shahwadi).

F) To pass such other and further order/s necessary in the interest of justice.”

2. The brief facts of the case are as under :

2.1. The petitioner and his family members were the owners of the land bearing Survey No.570, 571, 572 & 573, Mouje: Shahwadi, Taluka-Vatva, Dist.Ahmedabad. The Town Planning Scheme No.94 (Shahwadi) was proposed by the respondent authorities under the provisions of the Gujarat Town Planning and

Click Here to Read the rest of this document