(Per : HONOURABLE MR.JUSTICE V. M. SAHAI)
1. Mr.Deepak Sanchela, learned counsel appearing for respondent no.4 is allowed a week's time to file affidavit-in-reply.
2. Prima facie, from the facts of the case, it is clear that the subject area of Radhanpur Municipality was notified on 13.2.2008 and three years' period expired on 13.2.2011. In compliance of section 9 of Gujarat Town Planning and Urban Development Act, 1976, the Municipality/Development authority did not send its draft development plan to the State Government. The State Government had not extended time for submitting draft development plan. Under section 9(2) of the Act, the State Government has also not appointed any officer on behalf of the State Government, who may prepare and submit to the State Government, draft development plan nor any order has been passed to recover therefrom from the Area Development Authority, namely Radhanpur Municipality. In this view of the matter, the procedure prescribed by law has not been followed by the respondents. Therefore, the appellant is entitled for interim order. Earlier by order dated 23.2.2012, a statement was made by learned Assistant Government Pleader Ms.Jirga Jhaveri on the basis of the instructions received by her that till 29.2.2012, the respondents shall not take any decision about sanctioning of the development plan of Radhanpur Municipality. Therefore, we did not pass any stay order. Today, she states that she has not received any instructions from the respondents to give any statement before this Court. In this view of the matter, we pass the following order.
3. Until 7.3.2012, interim relief in terms of para 4(B) is granted.
(V.M.SAHAI,J) (A.J.DESAI,J) ***vcdarji Top