Suleman Mohammed Ishabhai vs Surat Urban Development ...
2022 Latest Caselaw 8331 Guj

     C/SCA/13466/2017                                  ORDER DATED: 22/09/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 13466 of 2017

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                SULEMAN MOHAMMED ISHABHAI
                          Versus
     SURAT URBAN DEVELOPMENT AUTHORITY (SUDA) & 2 other(s)
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Appearance:
MR KK TRIVEDI(934) for the Petitioners
MR HS MUNSHAW, ADVOCATE for the Respondent No.1
MS JYOTI BHATT, AGP for the Respondent(s) No. 2 - State
MR DHAVAL G NANAVATI(2578) for the Respondent 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/13466/2017 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/13466/2017 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/13466/2017 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