1. By way of this petition under Article 226 of the Constitution of India as such the petitioner has prayed for an appropriate Writ, direction and/or order to quash and set aside impugned notice dated 23.12.2009 issued by respondent no.2. It appears from the impugned notice that said notice has been issued upon Mr.Shashikant Shantilal Vakharia and Others inclusive of the petitioner being occupier of Original Plot No.8, Sub- Plot No.25/5 under Sections 48-A, 67 and 68 of the Gujarat Town Planning and Urban Development Act, 1976 (herein after referred to as 'the Act' for short)read with Rule 33 of the Town Planning Rules, 1979 (herein after referred to as 'the Rules' for short) for implementation of Town Planning Scheme and taking over possession which is required for the purpose of road and other purpose for which it is reserved.
2. Considering above, when Draft Town Planning is sanctioned and land in question / plot in question is needed for the purpose of road and other purpose for which it is reserved, it cannot be said that impugned notice is in any way illegal, arbitrary and/or de-hors provisions of statute. Considering Section 48A(3) of the Act, after Draft Planning Scheme is sanctioned, land needed for the purpose of road etc. can be acquired / possession of which can be taken over by the appropriate authority and petitioner and other occupiers can be removed after exercising powers under section 68 of the Act and Rule 33 of the Rules.
3. In view of above, there is no substance in the present petition, which deserves to be dismissed and accordingly it is dismissed.
[M.R.Shah,J.] satish Top