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.47 part, admeasuring 1150 sq.mtrs., which has been allotted Original Plot No.34, being Final Plot NO.47, 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.47 part, admeasuring 1150 sq.mtrs., which has been allotted Original Plot No.34, being Final Plot No.47, 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.47 part, admeasuring 1150 sq.mtrs., which has been allotted Original Plot No.34, being Final Plot No.47, 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.47 part, admeasuring 1150 sq.mtrs., which has been allotted Original Plot No.34, being Final Plot No.47, 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 grievance of the petitioner, in brief, is that the original plot has been shown to be 1150 sq.mtrs. in Form-F, by the Town Planning Officer, whereas it is actually admeasuring 4148 sq.mtrs., as per revenue record in the Village Form No.7/12 extract, that has been annexed as Annexure-B to the petition.
3. Mr.D.K.Puj, learned advocate for the petitioner submits that the alternative prayer made by the petitioner may be considered. The petitioner has already made a representation on 31.12.2009 to the Principal Secretary, Urban Development and Urban Housing Department (Respondent No.1), which may be directed to be considered and decided, after giving the petitioner an opportunity of personal hearing.
4. Upon the above statement being made by the learned advocate for the petitioner, the following order is passed :
The Principal Secretary, Urban Development and Urban Housing Department (Respondent No.1), shall consider and decide the representation made by the petitioner on 31.12.2009, in accordance with law, after giving the petitioner an opportunity of personal hearing. The date of personal hearing shall be intimated by respondent No.1 to the petitioner and the petitioner shall make himself available for hearing. The entire exercise 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 action 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