Gujarat High Court
Dahyabhai Bhagubhai Patel ... vs State Of Gujarat on 23 August, 2022
Bench: Sandeep N. Bhatt
C/SCA/11883/2020 ORDER DATED: 23/08/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11883 of 2020
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DAHYABHAI BHAGUBHAI PATEL (DECEASED) THROUGH HEIRS
Versus
STATE OF GUJARAT
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Appearance:
DECEASED LITIGANT for the Petitioner(s) No. 1,1.3
MR NV GANDHI(1693) for the Petitioner(s) No. 1.1,1.2,1.3.1,1.3.2,1.4
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the Respondent(s) No. 1
MR DHAVAL G NANAVATI(2578) for the Respondent(s) No. 3
NOTICE SERVED for the Respondent(s) No. 1,2,4
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 23/08/2022
ORAL ORDER
1. Heard Mr. N.V. Gandhi, learned advocate for the
petitioners, Ms. Jyoti Bhatt, learned AGP for respondent
No.1, 2 & 4 and Mr. Dhaval Nanavati, learned advocate
for respondent No.3.
2. Mr. Gandhi, learned advocate for the petitioners has
submitted that he has filed this petition for reservations in
relation to parcel of land of Block No.206 of Village:
Chhapra-Bhatha, Taluka: Choryasi, District: Surat and he
has pointed out the prayer clause which is as under:-
"A) YOUR LORDSHIPS may be pleased to issue writ of
mandamus or any appropriate writ, order or direction
and be pleased to direct the Respondents to release the
lands of Block Nos.206 admeasuring 1821 sq.mtrs. of
Village: Chhapra-Bhatha, Taluka: Choryasi, District:
Surat from the reservation in view of the provisions of
Sec.20(2) of the Act of 1976; AND
B) YOUR LORDSHIPS may be pleased to issue writ of
mandamus or any appropriate writ, order or direction
and be pleased to direct the Respondents, a) to allot
C/SCA/11883/2020 ORDER DATED: 23/08/2022
Final Plot/s against the parcel of land already taken
away from B.No.206 & b) to decide objections
regarding proposed Preliminary Town Planning Scheme,
Surat No.70 (Chhapra- Bhatha- Amroli- Kosad- Utran)
pertaining to Final Plots Nos. 151, 161, 168A & 168b,
in view of the several orders passed by this Hon'ble
High Court; AND
C) YOUR LORDSHIPS may be pleased to issue writ of
mandamus or any appropriate writ, order or direction
and be pleased to direct the Respondents may be
pleased to pass such other and further orders may be
deemed just and proper in the facts and circumstances
of the present case."
3. He has submitted that appropriate order is required
to be passed in the interest of justice.
4. Ms. Jyoti Bhatt, learned AGP has pointed out from
the affidavit dated 19.03.2021 and specifically submitted
that notification dated 08.10.2020 was already issued
releasing the land of petitioner, and therefore, prayer
made in para-19(A) would not survive. She has further
submitted that if the petitioner approaches the Town
Planning Officer by filing appropriate application, the
Town Planning Officer can consider the same after giving
due opportunity of hearing to the petitioner.
5. Mr. Dhaval Nanavati, learned advocate for respondent
No.3 has referred to the judgment of Hon'ble Apex Court
in the case of Ahmedabad Municipal Corporation and
Another v. Ahmedabad Green Belt Khedut reported in
(2014) 7 SCC 357, more particularly, para-59 & 60, which
read as under:-
C/SCA/11883/2020 ORDER DATED: 23/08/2022
"59. On the contrary, Shri Preetesh Kapur appearing
for the respondents has submitted that it is premature
to challenge the Resolution dated 16.05.2008 as it is a
first step to initiate the proceedings under the Act and
the Rules. The draft scheme issued under Section 48 of
the 1976 Act empowers the State Government to
sanction a draft scheme and clause (3) thereof provides
that if the State Government sanctions the scheme, a
notification shall be issued stating at what place and
time the draft scheme shall be open for the inspection
of the public after which the procedure prescribed
under Section 50 and 51 would be followed. At that
stage Rule 26 which provides that for the purpose of
preparing the preliminary scheme and final scheme, the
Town Planning Officer shall give notice in Form H of
the date on which he will commence his duties and
shall state the time as provided in Rule 37 within
which the owner of any property or right which is
injuriously affected by the making of a scheme would
be entitled under Section 82 to make a claim before
him. Such notice should be published in the Official
Gazette also and the law further requires the filing of
the objections and the personal hearing to such person
who would be adversely affected.
60. In the instant transferred case, as the authority is
only dealing with the issues at a draft stage and the
applicants have ample opportunity to file their
objections and are entitled to personal hearing as
required under their objections and are entitled to
personal hearing as required under Rule 26 clause (4),
the matter can be adjudicated before the statutory
authority. Therefore, in view of the above, we are of
the considered opinion that the apprehensions raised by
the applicants at this stage are premature. Admittedly,
the applicants have filed their objections raising their
grievance and they had also been given the personal
hearing by the statutory authorities on all permissible,
factual and legal grounds. The learned counsel
appearing for the State/authorities has submitted that in
C/SCA/11883/2020 ORDER DATED: 23/08/2022
case the applicants are not satisfied and make fresh
objections within 30 days from today, they would be
provided a fresh opportunity of hearing. However, it is
too early to anticipate as to what order would be
passed on their objections. In case they are aggrieved
by the order passed after hearing their objections, they
have a statutory right to approach the appropriate
forum challenging the same."
6. Considering the submissions made by the parties and
the grievance raised in this petition, since the Notification
is already issued as per the affidavit filed by the State
Government, prayer-19(A) is deemed to be redressed. As
far as prayer No.19(B) is concerned, the petitioner is at
liberty to file appropriate application before the Town
Planning Officer within a week from today, and thereafter,
Town Planning Officer will decide the said
application/representation as early as possible, within a
reasonable time, after giving appropriate opportunity of
hearing to the petitioner.
7. With the above observation and direction, present
petition stands disposed of as no further relief is required
to be granted.
(SANDEEP N. BHATT,J)
Manoj
