IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 1711 of 2017 In R/SPECIAL CIVIL APPLICATION NO. 5084 of 1998 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2025 In R/LETTERS PATENT APPEAL NO. 1711 of 2017 With CIVIL APPLICATION (FOR STAY) NO. 2 of 2017 In R/LETTERS PATENT APPEAL NO. 1711 of 2017 With R/LETTERS PATENT APPEAL NO. 1713 of 2017 In R/SPECIAL CIVIL APPLICATION NO. 19745 of 2006 With CIVIL APPLICATION (FOR STAY) NO. 2 of 2017 In R/LETTERS PATENT APPEAL NO. 1713 of 2017 In R/SPECIAL CIVIL APPLICATION NO. 19745 of 2006 With CIVIL APPLICATION (FOR DIRECTION) NO. 2 of 2021 In R/LETTERS PATENT APPEAL NO. 1713 of 2017 In R/SPECIAL CIVIL APPLICATION NO. 19745 of 2006 =============================================

RAJKOT MUNICIPAL CORPORATION & ANR.

Versus STATE OF GUJARAT & ORS.

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

Appearance MR HRIDAY BUCH(2372) for the Appellant(s) No. 1,2 MS.HETAL PATEL, ASST.GOVERNMENT PLEADER for the Respondent(s) No. 1 MR.ANSHIN DESAI, SENIOR COUNSEL WITH MR.C. P. CHAMPANERI FOR MR PS CHAMPANERI(214) for the Respondent(s) No. 2 UNSERVED EXPIRED (N) for the Respondent(s) No. 3 =============================================

CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY Date : 11/12/2025

ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. In this Intra-court appeal filed by the Rajkot Municipal Corporation, three orders dated 22.12.2021, 11.03.2022 and

13.04.2022 passed herein, are to be taken note of.

2. Before noticing the contents of the said order, we are required to take note of the fact that the aforesaid three orders were subjected to challenge before the Apex Court in Special Leave Petitions filed on behalf of the Rajkot Municipal Corporation. The Apex Court, vide judgment and order dated 10.10.2022 in Special Leave Petition (Civil) Diary No.29940 of 2022, filed against the judgment and order dated 23.12.2021 made the following observations:-

“Delay condoned.

We have heard learned senior counsel for parties at some length and we feel that in the given scenario the impugned judgment(s)

works out the situation as ought to have been done.

The special leave petitions are dismissed. Pending applications stand disposed of.”

3. The challenge to the orders dated 11.03.2022 and 13.04.2022 in Special Leave to Appeal (C ) No. 15059 – 15061 of 2022 had been upturned with the judgment and order dated 04.11.2022 in the following manner:-

Special leave petitions are dismissed in view of the order dated

10.10.2022 passed in SLP (C ) Dy. No.29940/2022.

Pending application(s), if any, stands disposed of.

4. Proceeding further, we may record that by the detailed order dated 23.12.2021 noticing the issues pertaining to allotment of final plots in the Town Planning Scheme No.1, it was noted by this Court that:-

“8. The Town Planning Scheme has been formulated as per the provisions of the Act, 1976 and there is an arrangement by virtue of Section 40(3) of the Act, 1976 to allot land to original owners in the original plot itself or in the nearest final plot after deducting the land from the original plots for the purpose of getting necessary lands for public purposes and road by the Rajkot Municipal Corporation. In the present case, land of Nirmala Convent School has been allotted final plot in the original plot itself of the finally sanctioned Scheme and the land getting deducted has been allotted for public way and other private owner (owner of original plot No.29), whereas the land of Gusabhai Tapubhai has been given Final Plot No.1076 for the public purpose (shopping center) to Rajkot Municipal Corporation and he has been allotted land near the final plot out of the original plot from the land of Nirmala Convent School, which is getting deducted.

9. As per the provisions of sections 67 and 68 of the Act, 1976, Rajkot Municipal Corporation is required to hand over the possession of Final Plot No.423 allotted to land owner of or