In this petition under Article 226 of the Constitution of India, the petitioner has challenged the legality and validity of the notice dated 9.7.2004 by which the Town Planning Officer, Vadodara has informed the petitioner that the preliminary T.P.S. No.22 has been sent to the State Government for its approval. It is the case of the petitioner that against the preliminary scheme, the petitioner had already submitted the objections before the Town Planning Officer and after considering the same, the Town Planning Officer has sent the TPS No.22 to the State Government for its approval. Under the provisions of the Gujarat Town Planning Act, before sanctioning the preliminary scheme, the State Government is bound to consider the observations which are received against the preliminary scheme. Under the circumstances, the present petition at this stage is premature and is not entertained. However, it will be open for the petitioner to submit additional objections also before the State Government with a request to consider the same before sanctioning the preliminary scheme and as and when the same are submitted, the State Government is directed to consider the same in accordance with law and on merits. With these observations and directions, this petition is dismissed. Direct Service is permitted.
(M.R.Shah, J) jitu