Heard Mr.Mihir Joshi, learned Senior Advocate with Mr.D.K.Puj, learned advocate for the petitioner. He has submitted that :
The intention to make a Town Planning Scheme was declared in the Government Gazette on 07.04.2011. The said Scheme under Section-41(1) was published on 19.11.2011. The owners' meeting took place on 19.11.2011, during which the petitioners expressed their objections. Thereafter, the Draft Scheme under Section-42(1) was prepared on 22.12.2011, taking into consideration most of the objections raised by the owners. That, thereafter a resolution dated 12.03.2012 was passed by Ahmedabad Urban Development Authority (AUDA) mentioning that there are 47 objections to the Draft Scheme. However, without mentioning or dealing with even a single objection in the resolution dated 12.03.2012, substantial modifications have been made to the Draft Scheme, only on the ground that AUDA has decided to adopt the Policy framed in respect of the Draft Town Planning Scheme for Ghuma.
It is submitted by the learned Senior Advocate that Section-47 of the Gujarat Town Planning and Urban Development Act, 1976, contemplates modifications in relation to the objections received within the statutory time limit, and does not contemplate modifications that amount to reframing the Draft Scheme.
Issue Notice returnable on 16.06.2012.
Ad-interim relief in terms of paragraph-10(C), is granted, till then.
In addition to the normal mode of service, Direct Service is also permitted.
(Smt.
Abhilasha Kumari, J.) Gaurav+ Top