Heard Mr.D.J.Bhatt, learned advocate for the petitioners, Mr.Ronak B. Raval, learned Assistant Government Pleader for respondent Nos.1 and 2 and Mr.Kaushal D. Pandya, learned advocate appearing for respondent No.3.
By way of the present petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs:
"A) Your Lordships may be pleased to admit this Special Civil Application No.;
B) Your Lordships may be pleased to quash and set aside the reservation made on land bearing City Survey No.2895/19/38, 2895/19/B and 2895/19/C admeasuring about 1297 sq.mtrs. 458 sq.mtrs. and 448 sq.mtrs. of Bilimora T.P.S. No.1, in the interest of justice;
C) Your Lordships may be pleased to issue appropriate writ, order or direction and thereby quash and set aside reservation made by the respondents of the land bearing City Survey No.2895/19/38, 2895/19/B and 2895/19/C admeasuring about 1297 sq.mtrs. 458 sq.mtrs. and 448 sq.mtrs. and be pleased to direct the respondent to sanction the plan of the petitioner for the lands in question in the interest of justice;
D) Pending admission hearing and final disposal of this petition, restrain the respondents their agents and servants from taking any steps on the basis of reservation on the lands bearing City Survey No.2895/19/38, 2895/19/B and 2895/19/C admeasuring about 1297 sq.mtrs. 458 sq.mtrs. and 448 sq.mtrs. in the interest of justice;
E) Your Lordships may be pleased to grant such other and further reliefs that may be deemed fit and proper in the facts and circumstances of the case;
In response to the notice issued by this Court the respondent authorities have appeared and filed their affidavit-in-reply. It appears from the affidavit-in-reply filed by respondent No.2 that Town Planning Scheme No.1 (Bilimora-Desara) is at the stage of the preparation of Preliminary Town Planning Scheme by the Town Planning Officer, as contemplated under Section 52 of the Gujarat Town Planning and Urban Development Act, 1976 (the Act). The aforesaid affidavit also indicates that in response to the notice issued by the Town Planning Officer as contemplated under the Gujarat Town Planning and Urban Development Rules, 1979 (the Rules), more particularly Rule 26 of the Rules, the petitioners have remained present and have also given written objections to the Town Planning Officer.
Considering the provisions of Rule 26(4) of the Rules, it is incumbent upon the Town Planning Officer to consider such objections while exercising powers under Section 52(1) of the Act. It is also open for the petitioners to file further objections before the Town Planning Officer and the same shall be considered before publication of Town Planning Scheme and before submitting the Town Planning Scheme as contemplated under Section 64 of the Act. The State Government is also further directed to consider the objections that are already filed by the petitioners and, if any, filed by the petitioners as per this order before taking any decision under Section 65 of the Act.
This court is of the opinion that the present petition is premature and, therefore, the same is disposed with the aforesaid directions. NOTICE discharged. There shall be no order as to costs.
Sd/-
[R.M.CHHAYA, J ] *** Bhavesh* Top