Leave to amend the cause-title of the petition, so as to implead the State of Gujarat, through the concerned Secretary, is granted. The necessary amendment be carried out forthwith.
Heard Mr.K.V.Shelat, learned advocate for the petitioners. It is submitted by him that the impugned order dated 23.02.2012 is an unreasoned one, having been passed without taking into consideration the objections raised by the petitioners. It is further submitted that the procedure under Rule 17 of the Gujarat Town Planning and Urban Development Rules, 1979, has not been followed and no Notice for personal hearing has been granted to the petitioners. The learned advocate has further submitted that as per the judgment of the Supreme Court in Bhikhubhai Vithalbhai Patel & Ors. v. State of Gujarat & Anr. - AIR 2008 SC 1771, the power to restrict the use of land by the owners thereof is a drastic power and statutory provisions enabling the State or its authorities to impose restrictions on the right to use one's own land are required to be construed strictly.
Issue Notice returnable on 01.05.2012.
Status-quo, as it exists today qua the properties of the petitioners, shall be maintained till then.
(Smt.
Abhilasha Kumari, J.) (sunil)