1. This petition under Article-226 of the Constitution of India has been filed, with the following prayers :
"a. YOUR LORDSHIPS may be pleased to admit and allow this Petition.
b. YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, by quashing and setting aside the Town Planning Scheme No.27 (Bhata-Majura), Surat qua the lands belonging to the Petitioner, namely, the land bearing Original Survey No.42 part, admeasuring 4249 sq.mtrs., which has been allotted Original Plot No.22, being Final Plot No.46, in the interest of justice.
Alternatively, YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the State Government to give the Petitioner an opportunity of hearing pursuant to the representation made by the Petitioner for the Town Planning Scheme No.27 (Bhatar-Majura), Surat qua the lands belonging to the Petitioner, namely, the land bearing Original Survey No.42 part, admeasuring 4249 sq.mtrs., which has been allotted Original Plot No.22, being Final Plot No.46, in the interest of justice, to enable the State Government to effectively consider the representation of the Petitioner and further be pleased to direct the State Government to sanction the Preliminary Town Planning Scheme within stipulated time as provided under Section 65 of the Act.
c. Pending admission, hearing and final disposal of this Petition, YOUR LORDSHIPS may be pleased to stay the further proceedings of the Town Planning Scheme No.27 (Bhatar-Majura), Surat, qua the lands belonging to the Petitioner, namely, the land bearing Original Survey No.42 part, admeasuring 4249 sq.mtrs., which has been allotted Original Plot No.22, being Final Plot No.46, in the interest of justice.
d. Pending admission, hearing and final disposal of this Petition, YOUR LORDSHIPS may be pleased to restrain the Respondents, their officers, agents and servants from sanctioning the Town Planning Scheme No.27 (Bhatar-Majura), Surat, qua the lands belonging to the Petitioner, namely, the land bearing Original Survey No.42 part, admeasuring 4249 sq.mtrs., which has been allotted Original Plot No.22, being Final Plot No.46, without considering the representation of the Petitioner and without giving an opportunity of being heard before sanctioning of the Scheme, in the interest of justice.
e. YOUR LORDSHIPS may be pleased to pass such other and further relief in favour of the Petitioner, as deemed just and proper, in the facts and circumstances of the case."
2. The case of the petitioner is that in lieu of the original plot No.22, he has been alloted Final Plot No.46. That some portion of original plot No.22 has been given as Final Plot No.47 to one Shri Yogeshkumar Jinabhai Desai. The grievance of the petitioner is that he is running saw mill, which is situated at original Plot No.22, a portion of which has now been alloted to said Shri Yogeshkumar Desai as Final Plot No.47. Hence, the petition.
3. Mr.D.K.Puj, learned advocate for the petitioner submits that the interest of justice would be met, if respondent No.1 - Additional Chief Secretary , Urban Development and Urban Housing Department, is directed to consider the representation dated 14.02.2012 made by the petitioner and to give him an opportunity of personal hearing. It is further submitted that Shri Yogeshkumar Desai, who has been allotted Final Plot No.47 has already preferred a petition before this Court, being Special Civil Application No.1940/2012. By order dated 09.02.2012, this Court has directed respondent No.1 to consider and decide the representation dated 31.12.2009 made by the petitioner of Special Civil Application No.1940/2012 and to consider and decide the same, after granting him an opportunity of person hearing. The learned advocate for the petitioner further contends that as per his knowledge, no opportunity of personal hearing has been granted to said Shri Yogeshkumar Desai, therefore, it would be appropriate and in the interest of justice, if both the present petitioner and the petitioner of Special Civil Application No.1940/2012 are heard together, so as to avoid further complications.
4. In view of the above submissions made by the learned advocate for the petitioner, the following order:
The Principal Secretary, Urban Development and Urban Housing Department (Respondent No.1), is directed to consider and decide the representation made by the petitioner on 14.02.2012, in accordance with law, after giving the petitioner an opportunity of personal hearing. Considering the nature of the dispute and the fact that the petitioner of Special Civil Application No.1940/2012 would also be affected by the outcome of the decision in the case of the petitioner, it would be appropriate, if Shri Yogeshkumar Jinabhai Desai, the petitioner of Special Civil Application No.1940/2012 and the petitioner of the present petitioner are given an opportunity of personal hearing, at the same time. The date of personal hearing shall be intimated by respondent No.1 to the petitioner, who shall make himself available on the said date for the hearing. The entire exercise is to be completed, within a period of two months from the date of receipt of a copy of this order. Till such time as the petitioner is not personally heard and a decision taken upon his representation, no further act in respect of sanctioning of the Scheme shall be taken.
The petition is disposed of, in the above terms, without entering into the merits of the case.
Direct service of this order, today, is permitted.
(Smt.
Abhilasha Kumari, J.) ~gaurav~ Top