Matching Fragments
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C/SCA/11139/2021 CAV ORDER DATED: 08/06/2022
5.5 No other submissions have been made.
6. As against this, Mr. Prashant Desai, learned Senior Advocate
assisted by Mr. H.S. Munshaw, learned advocate appearing for the
respondent authority has vehemently opposed the petition and has
requested to dismiss the same. Mr. Desai, learned Senior Advocate
has submitted that the petitioner is a developer, developing a
farmhouse at the land bearing Survey/Block No.44 admeasuring
13,355 sq.mtrs., and started a scheme on 27.02.2009 and thereafter,
both the portion of the land came to be consolidated, i.e. Survey/Block
Nos.44 and 69 and thereafter the petitioner applied for development
permission only on 12.07.2012. In fact, the petitioner divided the
aforesaid portion of land in such a manner that in the land totalling
around 39,862 Sq. Mtrs., after consolidation, total 47 sub plots and 47
residential bungalow plus common plot, club house etc., are planned
out and asked for revised development permission on 13.12.2012 and
the plinth check certificate was issued by the authority on
28.12.2013. Mr. Desai, learned Senior Advocate has submitted that on
21.02.2019, intention was declared for Town Planning Scheme No. 24/
A (Ankodiya-Khanpur-Mahapura-Sevasi) and by way of letter dated
17.05.2019, the petitioner was informed that in view of the intention
for Town Planning Scheme is declared under Section 41 of the Act, no
revised development permission can be granted. On 06.06.2020,
Architect Engineer - Shri Kirit A. Patel on behalf of the petitioner
submitted a letter for revised development permission plus renewal
after re-opening the case and it was submitted that before the said
letter was given to the VUDA, the authority has already framed the
draft Town Planning Scheme and submitted the same to the State
Government on 12.05.2020 i.e. prior to letter written in June, 2020.
