[Cites 3, Cited by 0]
Gujarat High Court
Mohmmad Hanifgulam Patel vs State Of Gujarat on 24 March, 2026
NEUTRAL CITATION
C/SCA/7432/2024 ORDER DATED: 24/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7432 of 2024
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MOHMMAD HANIFGULAM PATEL
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR SATYAM Y CHHAYA(3242) for the Petitioner(s) No. 1
MS VANITA BHARWANI AGP - ADVANCE COPY SERVED TO
GOVERNMENT PLEADER/PP for the Respondent(s) No. 1
MS. BHAVNA D ACHARYA(6406) for the Respondent(s) No. 4
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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 24/03/2026
ORAL ORDER
[1] By way of this petition under Article 226 of the
Constitution of India, the petitioner has approached this Court for
directions upon the respondents Nos.1 and 2 to initiate proceedings
for variation under Section 19 of the Gujarat Town Planning and
Urban Development Act, 1976 in accordance with Resolution dated
24th October 2011 passed by the General Body of the Dabhoi
Municipality.
[2] Learned advocate Ms. Bhavna Acharya for the
respondent No.4 - Dabhoi Municipality has filed affidavit of Chief
Officer stating inter alia as under:
NEUTRAL CITATION
C/SCA/7432/2024 ORDER DATED: 24/03/2026
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"3. The answering respondent submits that recently on
20.01.2026, Resolution has been passed by the Chairman,
Town Planning Committee, Dabhoi Nagar Palika in which it
has been stated that after appraisal of the report of Planning
Assistant and Junior Town Planner and the opinion of the Chief
Officer, it has been decided under the authority given to the
Town Planning Committee as per the Resolution No.65 dated
26.09.2023 passed by the General Assembly and Urban
Development vide its Notification Letter No.
UDUHD/0241/10/2025 approved date: 14.10.2025, has
approved Four Villages namely Vega, Kajapur, Tarsana and
Timabi have been included in the area of Municipality. Further,
the map of the effective third recurrent Development plan of
Dabhoi Municipality was approved on 30.03.2012. Since, it has
been more than 10 years, hence, it is essential to start the
process of revise the Development Plan as per Rules and
procedure.
4. Moreover, to facilitate and expedite the process of Town
Planning in Gujarat, the Government of Gujarat and
Ahmedabad Urban Development Authority have established
Gujarat Town Planning Consultancy Limited under the
Companies Act, 2013 in association with Vadodara, Surat,
Rajkot, Gandhinagar Urban Development Authorities. It is
unanimously resolved to officially assign the work to Gujarat
NEUTRAL CITATION
C/SCA/7432/2024 ORDER DATED: 24/03/2026
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Town Planning Consultancy Limited to prepare the fourth
recurrent Development Plan by including four villages under the
Dabhoi Municipality in the Development Plan and it is also
unanimously resolved to give all the authority to the Chief
Officer for the necessary legal procedure and approvals. The
copy of resolution No. 1 dated 20.01.2026 passed by the
Chairman, Town Planning Committee, Dabhoi Nagarpalika is
annexed herewith and marked as Annexure-R1.
5. In view of the above resolution, Development Plan revision
procedure has been started and as per the procedure and rules,
revised development plan shall be published soon. As the
primary concern of the petitioner is about the change in zoning
of their land, the same will be addressed in the process of
revision of development plan according to the rules of "Gujarat
Town planning act, 1976".
[3] On perusal of the aforesaid and having gone through
the Town Planning Committee Resolution No.1 dated 20th January
2026 passed by the Chairman, Town Planning Committee, Dabhoi
Nagarpalika, it appears that the Nagarpalika is in contemplation of
the 4th Revised Development Plan.
[4] However, considering the submissions and the
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C/SCA/7432/2024 ORDER DATED: 24/03/2026
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Resolution, it appears that such proceeding is at a very nascent
stage and likely to take some time.
[5] In view of the aforesaid affidavit and the Resolution,
learned advocate Mr. Satyam Chhaya for the petitioner, at this
stage, wish to wait and does not press present petition at this stage.
[6] At this juncture, it is required to be noted that the
petitioner is claiming variation in their Development Plan pursuant
to the General Body Resolution dated 24th October 2011. Thus, the
petitioner has waited for almost 15 years. Accordingly, if the
Dabhoi Municipality fails to conclude the proceedings for the 4th
Development Plan within a period of one year, the petitioner is at
liberty to approach this Court by way of a fresh petition claiming
his right of variation in view of the Resolution dated 24 th October
2011.
[7] Present petition is disposed of as not pressed without
expressing anything on merits of the case.
(NIRAL R. MEHTA,J)
CHANDRESH
