Gujarat High Court
Manharsinh Ishwarsinh Barad & 2 vs State Of Gujarat & 3 on 9 June, 2016
Author: S.H.Vora
Bench: S.H.Vora
C/SCA/8513/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 8513 of 2016
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MANHARSINH ISHWARSINH BARAD & 2....Petitioner(s)
Versus
STATE OF GUJARAT & 3....Respondent(s)
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Appearance:
MR NV GANDHI, ADVOCATE for the Petitioner(s) No. 1 - 3.3
MS ASMITA PATEL AGP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 09/06/2016
ORAL ORDER
1. By way of the present petition under Article 226 of the Constitution of India, the petitioners have made following prayers in para 13 of the petition, which read as under:-
"13(A). Your Lordships may be pleased to issue appropriate writ, order or direction and be pleased to declare and hold that, the impugned action on the part of respondent authorities by deducting margin land qua original Plot No.100, Final Plot No.107, Preliminary Town Planning Scheme No.27 (Uttran- Kosad) of land having Block No.225 situated Village:
Uttran, Tal. Choryasi (Now Adajan), Dist. Surat is illegal, unconstitutional and violative of Arts. 14 & 300A of the Constitution of India and be further pleased to issue appropriate writ, order and directions directing the Respondent Authorities to provide said final plot in favour of petitioners without deducting the impugned margin land and further direct the respondents to allot separate final plots in favour of petitioners No.1,2,&3.1 to 3.4 respectively; AND Page 1 of 2 HC-NIC Page 1 of 2 Created On Fri Jun 10 03:01:05 IST 2016 C/SCA/8513/2016 ORDER (B) Pending hearing and final disposal of this petition Your Lordships may be pleased to restrain the respondents from dispossessing the petitioners from the margin land of Block No.225, situated Village: Uttran, Tal. Choryasi (Now Adajan), Dist.
Surat."
2. Having heard submissions made at bar and considering the communication dated 15.02.2016, it is evidently clear that the scheme has been sanctioned by the State under Section 65 of the Gujarat Town Planning and Urban Development Act (for short, the 'Act').
3. In light of this position, the petitioners have remedy under Sections 67(A) or 70 of the said Act. Therefore, present petition, being devoid of merits, both on law and facts, is hereby rejected at the admission stage.
(S.H.VORA, J.) Hitesh Page 2 of 2 HC-NIC Page 2 of 2 Created On Fri Jun 10 03:01:05 IST 2016