Gujarat High Court
Popatbhai Manjibhai Patel vs Surat Urban Development Authority ... on 22 September, 2022
C/SCA/9754/2017 ORDER DATED: 22/09/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9754 of 2017
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POPATBHAI MANJIBHAI PATEL
Versus
SURAT URBAN DEVELOPMENT AUTHORITY (SUDA) & 2 other(s)
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Appearance:
MR KK TRIVEDI(934) for the Petitioner(s) No. 1
MS JYOTI BHATT, AGP for the Respondent(s) No. 2
MR DHAVAL G NANAVATI(2578) for the Respondent(s) No. 3
MR UI VYAS(1000) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 22/09/2022
ORAL ORDER
1. Challenge in this petition is made by the petitioner/s to designate certain parcel of land/s, which has been reserved for Transport Node for Surat Urban Development Authority (T-26) under the Final Revised Development Plan, 2004 of Surat Urban Development Authority, as deemed lapse.
2. Heard learned advocates for the respective parties.
3. Mr.K.K. Trivedi, learned advocate for the petitioner/s has submitted that one matter arising from Page 1 of 4 Downloaded on : Fri Sep 23 21:34:17 IST 2022 C/SCA/9754/2017 ORDER DATED: 22/09/2022 the same issue has travelled upto the Hon'ble Apex Court and the Hon'ble Apex Court has passed an order on 04.05.2022 in SLP(C) No.2364 of 2015 and other allied matters, recording subsequent development in the matter, which is as under:
"The present Special Leave Petitions have been filed against the common judgment passed by the High Court of Gujarat at Ahmedabad, dated 22 nd and 25th August, 2014 in LPA Nos.1263/2011 and 1481/2013.
During pendency of the present Special Leave Petitions, the Government of Gujarat, Urban Development and Urban Housing Department, has come with a notification dated 8th October, 2020 which has been placed on record along with IA No.77589/2021 in SLP (C) No.2364/2015.
In light of the notification dated 8th October, 2020, it has been jointly prayed that nothing survives in the present Special leave petitions and may be disposed of in term thereof.
Accordingly, both the special leave petitions, in terms of notification dated 8th October, 2020, stand disposed of.
Pending application(s), if any, shall stand disposed of."
4. He has also tendered Notification No.GH/V/157 of 2020/DVP-142018-5731-L dated 08.10.2020 issued by Page 2 of 4 Downloaded on : Fri Sep 23 21:34:17 IST 2022 C/SCA/9754/2017 ORDER DATED: 22/09/2022 the Urban Development and Urban Housing Department, Government of Gujarat on record.
5. In view of above notification as well as considering the order passed by the Hon'ble Apex Court in SLP(C) No.2364 of 2015 and other allied matters dated 04.05.2022, the grievance raised by the petitioner/s in the present petition now does not survive, as the land in question is released from the restricted area to residential zone and/or other various use and thus, the present petition has become infructuous.
6. Mr. Dhaval Nanavati, learned advocate for the Corporation and learned AGP for the State Authorities have submitted that the grievance raised by the petitioner/s is taken care of by the Notification dated 08.10.2020 issued by the Government of Gujarat and therefore, the present petition becomes infructuous.
7. In view of above, it transpires that the grievance of the petitioner/s now does not survive and no relief as prayed for by the petitioner/s need to be granted to the petitioner/s. The present petition is thus Page 3 of 4 Downloaded on : Fri Sep 23 21:34:17 IST 2022 C/SCA/9754/2017 ORDER DATED: 22/09/2022 disposed of, as having become infructuous.
8. It would be open for the petitioner/s to approach the appropriate authority / this Court, in case of difficulty.
(SANDEEP N. BHATT,J) M.H. DAVE Page 4 of 4 Downloaded on : Fri Sep 23 21:34:17 IST 2022