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[2.5] After considering the submissions made by the learned
advocates for the respective parties, this Court noticed that the Town
Planning Committee had already passed a resolution on 10.10.2000,
and even the Municipal Commissioner had taken a decision on
20.10.2000 to vary the scheme with regard to the land in question
with the concurrence of the Chief Town Planner of the State
Government on 24.10.2000. Thus, the draft first varied town planning
scheme under Section 41 of Act of 1976 was to proceed, in view of
resolution no. 52 passed by the General body of Ahmedabad Municipal
Corporation. This court, therefore, by order dated 13.08.2004, had
directed the State Government, the Ahmedabad Municipal
Corporation, the town planning officer as well as appropriate
authorities, to complete such proceedings to vary the town planning
scheme with regard to the de-reservation of final plot no.173 and to
continue to be in holding up society as per the original development
permission for its use as an open common plot for its members. This
Court also issued further writ that such town planning scheme be
varied within a period of six months and till the scheme is varied, the
parties were directed to maintain status quo, and the petition was,
NEUTRAL CITATION
C/FA/4882/2023 CAV JUDGMENT DATED: 07/03/2025
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therefore, disposed of in favour of the plaintiff society.