Kamlaben Kantilal Patel vs State Of Gujarat
2021 Latest Caselaw 7334 Guj

     C/SCA/8853/2021                                     ORDER DATED: 30/06/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 8853 of 2021

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                            KAMLABEN KANTILAL PATEL
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR SATYAM Y CHHAYA(3242) for the Petitioner(s) No. 1,2
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 : 30/06/2021
                   ORAL ORDER

1. Mr. Satyam Y. Chhaya, learned advocate for the petitioners submitted that the petitioners are the owners of the land bearing Revenue Survey No.1512 Paiki of Village: Dabhoi, Taluka: Dabhoi, District: Vadodara. The draft town planning scheme came to be sanctioned in the year 1987 by the State Government. As per the redistribution and valuation statement, the land bearing Revenue Survey No.1512 was allotted original plot No.86 and in lieu of original plot No.86, final plot No.86, admeasuring 4200 sq. mtrs. was allotted in favour of the owner and occupier.

2. It is submitted that the final plot No.86, was allotted outside the boundary of the original plot. It is further submitted that a heavy high tension line, is passing through the land of final plot No.75. It is submitted that the heavy high tension line is passing through the land in question in such a manner that the petitioners and other co-owners would not be in a position to utilise the land of final plot No.75.

C/SCA/8853/2021 ORDER DATED: 30/06/2021

3. Reliance is placed on the judgment of the Apex Court in the case of M/s. Babubhai and Co. vs. State of Gujarat reported in (1985) 2 SCC 732.

4. It is submitted that the notice dated 19.3.2021, has been issued in breach of the principles of natural justice and without adhering to the principle laid down by the Apex Court in the case of M/s. Babubhai and Co. (supra).

5. Considered the submissions. Issue notice, returnable on 20.7.2021. In the meantime, let there be an ad-interim relief in terms of paragraph 14(E). Direct service, is permitted.

(SANGEETA K. VISHEN,J) BINOY B PILLAI