Heard Mr.S.P.Majmudar, learned advocate for the petitioners. It is submitted that the 45 Meters road that is proposed to be constructed under the Town Planning Scheme No.62 (Dindholi-Bhestan-Bhedwad), Surat is in deviation of the Sanctioned Development Plan inasmuch as, in the Development Plan, a very minor portion was passing through the land of the petitioners. However, in the Draft Town Planning Scheme, a considerable portion of the road is passing through the land in question. It is further submitted that this amounts to a variation and change in the Final Development Plan without complying with the provisions of Section-19 of the Gujarat Town Planning Page 1 of 3 C/SCA/16085/2012 ORDER and Urban Development Act, 1976 ("the Act", for short). It is submitted that the procedure under Section-19 of the Act has not been followed and the action of the respondent authority is also in violation of Section-40 of the Act, that enjoins them to have regard to the proposal in the Final Development Plan.
Learned advocate for the petitioner has further submitted that this is the fourth round of litigation. Earlier, by order dated 05.09.2012, passed during the third round of litigation, the Court had directed the respondent-Surat Municipal Corporation to consider the grievances of the petitioners contained in the representations made by them and to pass a reasoned order. It is submitted that the impugned order dated 23.10.2012 does not deal with any of the specific points raised by the petitioners in their representations, as directed by the Court.
Issue Notice returnable on 27.12.2012. Status-quo, as it exits today, qua the lands in question, shall be maintained till then.
In addition to the normal mode of service, Direct Service is also permitted.
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