(Per : HONOURABLE MR.JUSTICE A.J. DESAI) 1 We have heard Mr. Mihir Joshi, learned Senior Counsel assisted by Mr. D.K. Puj for the applicant/appellant, learned AGP Ms. Jirga Jhaveri, for respondents No. 1, 2 and 3 and Mr. Ajaysinh, learned Advocate, holding the brief of Mr. Deepak Sanchela, for respondent No. 4 - Radhanpur Municipality.
2 The applicant/appellant has an apprehension that the development plan of Radhanpur Municipality is likely to be sanctioned by the State Government under Section-17 of the Gujarat Town Planning and Urban Development Act, 1976, on 24th February, 2012.
3 Learned AGP Ms. Jirga Jhaveri has placed on record a Communication dated 23rd February, 2012, issued by the Section Officer of the Urban Development and Urban Housing Department, Gandhinagar and submits that the decision shall be taken about the sanctioning of the Development Plan of Radhanpur Nagarpalika by the Government after 29th February, 2012. The said communication dated 23rd February, 2012 is ordered to be taken on record of the proceedings.
4 In view of the aforesaid statement made by learned AGP Ms. Jirga Jhaveri on the basis of the instructions received by her that till 29th February, 2012, the respondent shall not take any decision about the sanctioning of the Development Plan of Radhanpur Nagarpalika, we do not want to pass any interim order in the matter at this stage.
5 Registry is directed to peremptorily list the Appeal, being Letters Patent Appeal No. 48 of 2012 along with the Civil Application No. 367 of 2012 as a first case on the Admission Board on 28th February, 2012.
(V.M. SAHAI, J.) (A.J.
DESAI, J.) pnnair Top