1. This petition, under Article 227 of the Constitution of India, has been filed, with the following prayers:
"(A) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction, in the nature of mandamus, by quashing and setting aside the Preliminary Town Planning Scheme No.104(Odhav) prepared and finalized by the Town Planning Officer on 18.09.2006, qua plot no.20 admeasuring about 3350 sq. yds. In the land bearing revenue survey no.355/5 situated in Dipalinagar Cooperative Housing Society Limited, Odhav, Taluka City, Dist. Ahmedabad;
(B) Your Lordships may be further pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction in the nature of mandamus, directing the respondent no.1 State Government to consider the objections raised by the petitioner from time to time and to grant an opportunity of being heard before according sanction to the said Preliminary Town Planning Scheme by allotting the final plot to the petitioner in lieu of the land bearing original plot No.20 in the society held and possessed by the petitioner;
(C) Pending admission, hearing and till final disposal of this petition, Your Lordships may be pleased to restrain the respondent - State Government from giving sanction to the Preliminary Town Planning Scheme 104(Odhav), in the interest of justice.
(D) Your Lordships may be pleased to grant such other and further relief as this Hon'ble Court may deem just, fit, expedient and in the interest of justice."
2. The brief factual background of the case is that the petitioner has purchased Plot No.20 in Dipalinagar Cooperative Housing Society Ltd., Odhav, for Rs.1,20,600/-. Thereafter, necessary payments have been made by the petitioner in the month of June and July, 1992. By resolution dated 10.06.1992, the petitioner has been admitted as a member of the said society. Share Certificate No.259, allotting five shares of the said society bearing Nos.1246 to 1250, have been issued to the petitioner. The AUDA has declared its intention under Section 41 sub-section (1) of the Gujarat Town Planning and Urban Development Act, 1976 ("the Act" for short), to make Town Planning Scheme No.104 (Odhav), on 21.12.2000. While the Draft Town Planning Scheme was pending before the State Government, the petitioner made representations on 23.05.2002 and 10.10.2002, to the Chief Town Planner, placing all necessary details before him, and requesting him to grant an opportunity of personal hearing before sanctioning the Draft Town Planning Scheme, as the name of the petitioner has not been included in the Redistribution Statement, though Survey No.355/5, on which the plot of the petitioner is situated, has been mentioned. The grievance of the petitioner is that no final plot has been allotted to the petitioner. In fact, no piece of land, whatsoever, has been allotted to him. Now the preliminary scheme has been prepared and has been submitted for the sanction of the State Government on 18.09.2006. Hence, the petition.
3. Mr.D.K.
Puj, learned advocate for the petitioner, submits that the rights of the petitioner have been totally ignored in the Draft Town Planning Scheme prepared by the AUDA, and the preliminary scheme prepared by the Town Planning Officer. The scheme has still not been sanctioned by the State Government. That, the interest of justice would be met, if the petitioner is permitted to make a fresh representation to the State Government, and be granted an opportunity of hearing, before the preliminary scheme is sanctioned.
4. On the facts and in the circumstances of the case, and upon the above statement being made by the learned advocate for the petitioner, the following order is passed:
The petitioner may make a fresh representation to the Secretary (respondent No.1), Department of Urban Development and Urban Housing, within a period of one week from today. If the representation is made, within a stipulated period of time, respondent No.1 shall grant the petitioner an opportunity of personal hearing, by intimating him the date of such hearing. After hearing the petitioner and considering his representation, respondent No.1 shall take a decision, in accordance with law, as expeditiously as possible. Till such time, as the decision is not taken by respondent No.1, no further steps shall be taken to sanction the scheme, insofar as the plot of the petitioner is concerned.
5. The petition is disposed of, in the above terms, without entering into the merits of the case.
Direct Service of this order, is permitted.
(Smt.
Abhilasha Kumari, J.) rakesh/ Top