Gujarat High Court
Madhuben Dolatsinh Parmar vs Surat Urban Development ... on 26 September, 2022
Bench: Sandeep N. Bhatt
C/SCA/5304/2018 ORDER DATED: 26/09/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5304 of 2018
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MADHUBEN DOLATSINH PARMAR & 4 other(s)
Versus
SURAT URBAN DEVELOPMENT AUTHORITY
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Appearance:
MR DHIRENDRA MEHTA(458) for the Petitioner(s) No. 1,2,3,4,5
MR KAMAL TRIVEDI, ADVOCATE GENERAL with
MR MEET THAKKAR, AGP for the Respondent(s) No. 2 - State
MR DHAVAL G NANAVATI(2578) for the Respondent(s) No. 3
MR UI VYAS(1000) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 26/09/2022
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 water distribution centre as well
as for DP raod under the Final Revised Development
Plan, 2004 of Surat Urban Development Authority, as
deemed lapse.
2. Heard learned advocates for the respective
parties.
3. Learned advocate for the petitioner/s has
C/SCA/5304/2018 ORDER DATED: 26/09/2022
submitted that one matter arising from 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
C/SCA/5304/2018 ORDER DATED: 26/09/2022
of 2020/DVP-142018-5731-L dated 08.10.2020 issued by
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 /
reserved for water distribution centre / DP road to
residential zone and/or other various use and thus, the
present petition has become infructuous.
6. Learned advocates for the Corporation and 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
C/SCA/5304/2018 ORDER DATED: 26/09/2022
relief as prayed for by the petitioner/s need to be
granted to the petitioner/s. The present petition is thus
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
