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2017 DIGILAW 1307 (GUJ)

Daxaben Sureshbhai Patel v. State of Gujarat

2017-07-25

RAJESH H.SHUKLA

body2017
ORDER : RAJESH H. SHUKLA, J. 1. This petition is filed under Articles 14, 21 and 300A of the Constitution of India as well as under the provisions of the Gujarat Town Planning and Urban Development Act, 1976 for the prayer as prayed for in the petition inter alia that the decision dated 10.11.2014 of the Town Planning Officer at Annexure-O may be quashed and set aside and has also prayed for interim relief i.e to stay the operation of the Draft Town Planning Scheme (Himmatnagar) on the grounds stated in the petition. 2. Heard learned advocate Shri. S.P Majmudar for the petitioners, learned AGP Ms. Jyoti Bhatt for respondents Nos. 1 - 2 and learned advocate Shri. Deepak Sanchela for respondents Nos. 3 - 4. 3. Learned advocate Shri. S.P Majmudar has stated that the objections filed by the petitioners are pending consideration before the Town Planning Officer and the same have been filed under Section 52 of the Act, which may be considered and till then, they may not proceed further. 4. Learned advocate Shri. Deepak Sanchela for respondents Nos. 3 - 4 however, has stated that the tenders have been floated. 5. Learned AGP Ms. Jyoti Bhatt has also stated that the objections can be considered and some reasonable time may be granted. 6. Under the circumstances, it is directed that the objections that have been filed or that may be filed within a period of one week by the petitioners shall be considered by respondent No. 5 - Town Planning Officer, Himmatnagar within a period of four weeks thereafter and shall also consider the objections/representation filed by the petitioners, in accordance with law. It is also clarified that no coercive steps shall be taken till the decision is taken by the Town Planning Officer. The decision may be intimated to the petitioners. 7. With the aforesaid observations and directions, the present petition stands disposed of as not pressed. Notice is discharged. No costs. 8. In view of the order passed in the main matter, the present Civil Application No. 7895 of 2015 shall also stands disposed of. 9. Direct Service is permitted.