Gujarat High Court
Vijay Hathising Shah vs State Of Gujarat on 1 December, 2021
Author: Biren Vaishnav
Bench: Biren Vaishnav
C/SCA/4627/2020 ORDER DATED: 01/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4627 of 2020
With
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 4627 of 2020
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VIJAY HATHISING SHAH
Versus
STATE OF GUJARAT
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Appearance:
MR. SHALIN MEHTA, SENIOR COUNSEL WITH MR HEMANG M
SHAH(5399) for the Petitioner(s) No. 1,2,3,4,5
MR. MEET THAKKAR, ASSISTANT GOVERNMENT PLEADER/PP(99) for
the Respondent(s) No. 1
MR SATYAM Y CHHAYA(3242) for the Respondent(s) No. 2,3
NOTICE SERVED BY DS(5) for the Respondent(s) No. 4
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 01/12/2021
ORAL ORDER
1 Heard Mr.Shalin Mehta, learned Senior Counsel assisted by Mr.Hemang Shah, learned advocate for the petitioners, Mr.Meet Thakkar, learned Assistant Government Pleader for the respondent No.1 - State and Mr.Satyam Chhaya, learned counsel appearing for respondents Nos. 2 and 3.
2 At the outset, an attention is drawn to the order dated 19.02.2020 passed by the Co-ordinate Bench of this Court in the present petition, which reads, thus:
"1. Heard Mr.Shalin Mehta, learned Senior Counsel assisted by Page 1 of 3 Downloaded on : Wed Jan 12 06:12:10 IST 2022 C/SCA/4627/2020 ORDER DATED: 01/12/2021 Mr.Hemang Shah, learned advocate for the petitioners. He submits that page 34 (Annexure C) is a layout map of Draft Town Planning Scheme No.51 (Bodakdev-Makarba-Vejalpur) sanctioned on 02.01.2004. He submits that the petitioners have no grievance, if respondent Corporation implements Draft Town Planning Scheme as per page 34 (Annexure C layout map). However, the Corporation is implementing the Scheme as per Page 35 (Annexure D), as a consequence whereof North-South road of the petitioners is reduced to 14 mtrs from 33.5 mtrs rendered in open land of the petitioners useless for any development purpose.
2. In view of the above submissions of Mr.Mehta, learned Senior Counsel, let there be Notice to respondents returnable on 01.04.2020. Ms.Asmita Patel, learned AGP waives service of Notice for respondent No.1- State. In the meantime, it is open for the respondent Corporation to implement page 34 (Annexure C layout map) for the purpose of implementing Town Planning Scheme and not page 35 (Annexure D temporary layout map), which is modified layout plan, whereby North-South distance is reduced to 14 mtrs from 33.5 mtrs. Direct service today is permitted."
3 At this stage, Mr.Chhaya, learned advocate, draws the attention of the Court to the map which is produced at Page-36 and contended that the Corporation has laid down the drainage line and laid down the TP road at site, in tune with the TP road shown in the sanctioned draft TP Scheme in yellow colour but, only to the tune of the portion which is overlapping between the sanctioned draft TP Scheme shown in yellow colour and proposed change alignment proposed by the Town Planning Officer while framing the tentative preliminary TP Scheme.
4 In view of the above statement being made, Mr.Shalin Mehta, learned Senior Counsel appearing for the petitioners, upon instructions, Page 2 of 3 Downloaded on : Wed Jan 12 06:12:10 IST 2022 C/SCA/4627/2020 ORDER DATED: 01/12/2021 submitted that the grievance of the petitioners would not survive and the petitioners would not press this petition at this stage. However, Mr.Mehta, submitted that the preliminary TP Scheme in question is at the level of preparation by the Town Planning Officer and the petitioners have already submitted their objections and suggestions which may be considered and dealt with by the Town Planning Officer while preparing and submitting the TP Scheme to the State Government. 5 It goes without saying that if any objections and suggestions are submitted by the petitioners before the Town Planning Officers, the Town Planning Officer would consider such objections and suggestions in accordance with law and in tune with the provisions of the Gujarat Town Planning and Urban Development Act, 1976.
6 In view of the above, the present petition stands disposed of, as withdrawn at this stage. Notice is discharged. Interim relief, if any, granted earlier stands vacated. It is made clear that this Court has not gone into merits of the matter.
In view of the order passed in main matter, Civil Application No. 1 of 2020 does not survive and is disposed of, accordingly.
(BIREN VAISHNAV, J) Bimal Page 3 of 3 Downloaded on : Wed Jan 12 06:12:10 IST 2022