Gujarat High Court
Kishanbhai Hargovandas Patel & vs State Of Gujarat & 3 on 22 December, 2010
Author: Ravi R.Tripathi
Bench: Ravi R.Tripathi
SCA/16299/2010 1/3 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No. 16299 of 2010
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KISHANBHAI HARGOVANDAS PATEL & 1 - Petitioner(s)
Versus
STATE OF GUJARAT & 3 - Respondent(s)
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Appearance :
MR.PRASHANT DESAI, SR.ADVOCATE WITH MR D K.PUJ for Petitioner(s) : 1 -
2.
MS MANISHA NARSINGHANI, AGP for Respondent(s) : 1,
None for Respondent(s) : 2 - 4.
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CORAM : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI
Date : 22/12/2010
ORAL ORDER
1. Heard learned Senior Advocate Mr.Prashant Desai with Mr.D.K.Puj for the petitioners. Learned Senior Advocate invited attention of the Court to the judgment of this Court in Special Civil Application No.26785 of 2007 dated 10.2.2010 (Coram : M.R.Shah,J). Relevant part of the order reads as under.
"In view of the above and for the reasons stated above, the petitions succeeds. The impugned Preliminary Town Planning Scheme No.6 sanctioned by the State Government in exercise of the powers under sec.65 of the Act in so far as land belonging to the petitioners and/or qua the petitioners - original land owners is hereby quashed and HC-NIC Page 1 of 3 Created On Fri Jun 17 03:42:01 IST 2016 SCA/16299/2010 2/3 ORDER set aside. Let the Preliminary Town Planning Scheme sanctioned by the State Government with respect to the lands in question of the petitioners be treated as a notice inviting objections and suggestions and it will be open for the petitioners and respondent Nos.5 and 6 and all other persons likely to be affected, to submit their objections and suggestions at the earliest and thereafter, the State Government is directed to take appropriate decision in accordance with law and on merits, after considering the objections and suggestions, if any, received and considering sec.65 of the Act. All the questions, whether such a proposed modification would be a substantial modification or of correcting an error, irregularity or informality are kept open. Rule is made absolute accordingly. In the facts and circumstances of the case, there shall be no order as to costs."
2. Learned Senior Advocate for the petitioners states that thereafter the petitioners filed objections on 20.10.2010 which were, in fact, filed for the second time as there are objections which were filed on 29.4.2010.
3. Learned Senior Advocate for the petitioners invited attention of the Court to the order passed by this Court in Misc. Civil Application No.2472 of 2010 HC-NIC Page 2 of 3 Created On Fri Jun 17 03:42:01 IST 2016 SCA/16299/2010 3/3 ORDER in Special Civil Application No.26785 of 2007 dated 8.10.2010 passed by this Court (Coram : M.R.Shah,J) and then invited attention of the Court to the notification under challenge dated 2.12.2010 and the counsel successfully demonstrated that the authorities have not responded to the confidence placed by this Court in the authorities in the matter of reading the principles of natural justice into relevant provisions. The Court on perusal of the notification found that they have issued the notification mechanically without applying their mind to the facts of the case. They could have observed the principles of natural justice effectively if they had given an opportunity of hearing to the petitioners.
4. The matter requires consideration. Rule. Notice as to interim relief returnable on 24.1.2011. Ad-interim relief in terms of paragraph 17(B). Direct service is permitted.
(RAVI R.TRIPATHI,J) pathan HC-NIC Page 3 of 3 Created On Fri Jun 17 03:42:01 IST 2016