Satish Niranjanbhai Patel vs State Of Gujarat
2021 Latest Caselaw 5800 Guj

     C/SCA/6698/2021                          ORDER DATED: 10/06/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 6698 of 2021

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                       SATISH NIRANJANBHAI PATEL
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MR SK PATEL(654) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the
Respondent(s) No. 1
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 CORAM: HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
                   Date : 10/06/2021
                    ORAL ORDER

1. Heard Mr. S.K. Patel, learned advocate for the petitioner.

2. Mr. Patel, learned advocate for the petitioner has submitted that in lieu of his original plot no.34, the petitioner has been given final plot no.34, admeasuring 1760 sq. mtrs. However, the authorities has not handed over the clear possession of 1760 sq. mtrs. to the petitioner. On one hand, the petitioner has not been given the peaceful possession and on the other hand, the respondent Corporation has been issuing notices to the petitioner, requiring him to handover the possession of certain portion of the final plot no.34 for the purpose of 18 mtr. road which has been vested in the State Government on sanctioning of the draft town planning scheme under Section 48A of the Gujarat Town Planning and Urban Development Act, 1976.

3. Reliance is placed on the judgment of the Apex Court in the case of Municipal Corporation for Greater Bombay vs. The Advance Builders (India) Pvt. Ltd. Reported in AIR 1972 SC 793 wherein it has been observed that the authorities under the

C/SCA/6698/2021 ORDER DATED: 10/06/2021

Town Planning Act are bound to implement the town planning scheme and handover the peaceful and vacant possession of the plot which is allotted to the person under the town planning scheme and that the power conferred with the authority under Sections 68 and 69 of the Act is not of a discretionary nature, but of an obligatory one.

4. Issue notice, returnable on 16.6.2021. Direct service, is permitted.

(SANGEETA K. VISHEN,J) BINOY B PILLAI