1. Heard Mr. Vikram J. Thakor, learned advocate for the petitioners, Mr. Maharshi V. Patel, learned advocate for H.L. Patel Advocates for respondent Nos.1 and 2 and Mr. Ronak B. Raval, learned AGP for respondent No.3.
2. By way of this 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 and allow this petition.
(B) Your Lordships may be pleased to issue writ of mandamus or any other appropriate writ, order or direction to the respondents to implement the Town Planning Scheme No.37 - Dani Limbda (Uttar Sector-3) and to remove the encroachment/unauthorized construction from Final Plot No.87 and to handover vacant and peaceful possession of the final plot no. 87 to the petitioners.
(C) During the pendency and till final disposal of this petition, by way of interim relief, Your Lordships may be pleased to direct the respondents' authorities to remove the encroachment/unauthorized construction from the land bearing final plot no. 87 of T.P. Scheme No.37 - Dani Limbda (Uttar Sector-3).
(D) Any other relief deemed just and proper may please be granted in the interest of justice."
3. It is an admitted position that Town Planning Scheme No.37 - Danilimda (Uttar Sector-3) is sanctioned by the State Government under Section 65 of the Gujarat Town Planning and Urban Development Act, 1976 on 23.3.2000. What is prayed for by the petitioners in the present petition is to implement the Town Planning Scheme. It appears from the Form-F at Annexure-B to the petition that the land bearing survey No.308 situated at Danilimda total admeasuring 1113 sq. mtrs. is allotted to original plot No.313 in lieu of that Final Plot No.87 admeasuring 884 sq. mtrs. has been allotted to the original owner - Yatin Ishwarbhai Patel under the sanctioned Town Planning Scheme. It is the case of the petitioners that they have purchased the aforesaid land being Final Plot No.87 by a registered sale deed dated 26.7.2010 from the original owner. Respondent No.1 being an implementing authority is, therefore, duty bound to implement the scheme as sanctioned. Therefore, interest of justice would be served if the following directions are issued:-
(A) Respondent No.1 shall initiate proceedings for implementation of the scheme qua survey No.308-original plot No.313 which has been allotted Final Plot No.87, as aforesaid.
(B) The Municipal Corporation shall issue notice as contemplated under Sections 67 and 68 of the Gujarat Town Planning and Urban Development Act, 1976 read with Rule 33 of the Gujarat Town Planning and Urban Development Rules, 1979.
(C) After giving an opportunity of being heard to the petitioners, respondent No.2 shall take appropriate decision in the matter within a period of six months from the date of receipt of this order.
(D) The respondent authorities shall verify the ownership of the petitioners while implementing the scheme as per the aforesaid direction as the petitioners have purchased the property after sanctioning of the scheme by a registered sale deed dated 26.7.2010 and this direction may not be construed to have granted any right in favour of the present petitioners.
4. With these observations, the petition stands disposed of. Notice discharged. Liberty to either parties to revive in case of difficulty.
[R.M.CHHAYA, J.] mrpandya Top