Gujarat High Court
Chetankumar Bhikhubhai Patel vs Surat Urban Development ... on 22 September, 2022
Bench: Sandeep N. Bhatt
C/SCA/3483/2016 ORDER DATED: 22/09/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3483 of 2016
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CHETANKUMAR BHIKHUBHAI PATEL & 1 other(s)
Versus
SURAT URBAN DEVELOPMENT AUTHORITY (SUDA) & 2 other(s)
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Appearance:
MR KK TRIVEDI(934) for the Petitioner(s) No. 1,2
MR HS MUNSHAW(495) for the Respondent(s) No. 1
MR MEET THAKKAR, AGP for the Respondent(s) No. 2
MR AMIT M PANCHAL(528) for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 22/09/2022
ORAL ORDER
1. Challenge in this petition is made by the
petitioner/s to designate certain parcel of land/s, which
has been reserved for Transport Node for Surat Urban
Development Authority (T-26) under the Final Revised
Development Plan, 2004 of Surat Urban Development
Authority, as deemed lapse.
2. Heard learned advocates for the respective
parties.
3. Mr.K.K. Trivedi, learned advocate for the
petitioner/s has submitted that one matter arising from
C/SCA/3483/2016 ORDER DATED: 22/09/2022
the same issue has travelled upto the Hon'ble Apex
Court and the Hon'ble Apex Court has passed an order
on 04.05.2022 in SLP(C) No.2364 of 2015 and other
allied matters, recording subsequent development in the
matter, which is as under:
"The present Special Leave Petitions have been
filed against the common judgment passed by the High
Court of Gujarat at Ahmedabad, dated 22 nd and 25th
August, 2014 in LPA Nos.1263/2011 and 1481/2013.
During pendency of the present Special
Leave Petitions, the Government of Gujarat, Urban
Development and Urban Housing Department, has
come with a notification dated 8th October, 2020 which
has been placed on record along with IA
No.77589/2021 in SLP (C) No.2364/2015.
In light of the notification dated 8th October,
2020, it has been jointly prayed that nothing survives
in the present Special leave petitions and may be
disposed of in term thereof.
Accordingly, both the special leave
petitions, in terms of notification dated 8th October,
2020, stand disposed of.
Pending application(s), if any, shall stand
disposed of."
4. He has also tendered Notification No.GH/V/157
of 2020/DVP-142018-5731-L dated 08.10.2020 issued by
C/SCA/3483/2016 ORDER DATED: 22/09/2022
the Urban Development and Urban Housing Department,
Government of Gujarat on record.
5. In view of above notification as well as
considering the order passed by the Hon'ble Apex Court
in SLP(C) No.2364 of 2015 and other allied matters
dated 04.05.2022, the grievance raised by the petitioner/s
in the present petition now does not survive, as the land
in question is released from the restricted area to
residential zone and/or other various use and thus, the
present petition has become infructuous.
6. Mr. Dhaval Nanavati, learned advocate for the
Corporation and learned AGP for the State Authorities
have submitted that the grievance raised by the
petitioner/s is taken care of by the Notification dated
08.10.2020 issued by the Government of Gujarat and
therefore, the present petition becomes infructuous.
7. In view of above, it transpires that the
grievance of the petitioner/s now does not survive and no
relief as prayed for by the petitioner/s need to be
granted to the petitioner/s. The present petition is thus
C/SCA/3483/2016 ORDER DATED: 22/09/2022
disposed of, as having become infructuous.
8. It would be open for the petitioner/s to
approach the appropriate authority / this Court, in case
of difficulty.
(SANDEEP N. BHATT,J)
M.H. DAVE
