1. This group of petitions are similar on factual and legal grounds and call into question the Notification dated 02.11.2011, issued by the State Government under the provisions of the Gujarat Town Planning Act, whereby, in exercise of powers conferred by Section-48(2) of the Gujarat Town Planning and Urban Development Act, 1976 ("the Act", for short), the Draft Town Planning Scheme No.3, Himmatnagar has been sanctioned.
2. The petitioners have also challenged separate notices dated 05.04.2012 issued to them by the Chief Officer, Himmatnagar Nagarpalika, whereby they have been directed to vacate the premises on which a road is proposed to be constructed, within a period of 10 days.
3. Mr.S.P.Majmudar, learned advocate for the petitioners has submitted that the action of the respondent authorities is dehors the provisions of Rule-17 of the Gujarat Town Planning and Urban Development Rules, 1979, inasmuch as no meeting of owners has ever been held and neither have the petitioners been issued individual notices, as provided for in the said Rule. It is further submitted that the objections tendered by the petitioners have not been taken into consideration at the time of framing the Draft Scheme. That, if the proposed road is constructed, it would result in a violation of the provisions of Section-45 of the Act that provides for keeping open spaces, as far as possible. Further, the GDCR also requires that adequate margin be kept in front of the residential premises. If the road is constructed, it would pass through the compound of the petitioners, resulting in hardly any space being left between their residential premises and the road. It is further submitted that the extension of two meters for the road has been made in a manner that takes away most of the area of the petitioners. Had it been done equally on both sides, lesser area of the petitioners would have been affected. It is submitted by the learned advocate for the petitioners that the petitioners may be permitted to make a representation to the Chief Officer, Himmatnagar Nagarpalika (Respondent No.2), in order to point out the above aspects and the said respondent may be directed to forward it to the State Government for consideration, as the draft Town Planning Scheme has already been sanctioned.
4. Upon the above statement being made by the learned advocate for the petitioner, the following order is passed :
The petitioners are permitted to make representations to the Chief Officer, Himmatnagar Nagarpalika (Respondent No.2), within a period of one week from today. On receipt of the representations made by the petitioners, respondent No.2 shall forward the same to the Secretary, Urban Housing and Urban Development Department (Respondent No.1). Respondent No.1 shall take into consideration the representations made by the petitioners and shall pass orders, after granting the petitioners an opportunity of hearing. The date of hearing shall be intimated to the petitioners. Till such time as respondent No.1 decides the representations made by the petitioners, the notices issued to them on 05.04.2012, shall not be implemented.
The petitions are disposed of, in the above terms, without entering into the merits of the cases.
(Smt.
Abhilasha Kumari, J.) Gaurav+ Top