LPA/5520/2006 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 55 of 2006 In SPECIAL CIVIL APPLICATION No. 5681 of 1990 With CIVIL APPLICATION No. 114 of 2006 In LETTERS PATENT APPEAL No. 55 of 2006 For Approval and Signature: HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN HONOURABLE MR.JUSTICE AKIL KURESHI ====================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ====================================== PARSHOTTAMBHAI AMBUBHAI AHIR & 8 - Appellant(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ====================================== Appearance : HL PATEL ADVOCATES for Appellant(s) : 1 - 9, 9.2.1, 9.2.2, 9.2.3,9.2.4 MS REETA CHANDARANA, AGP for Respondent(s) : 1, MR PRASHANT G DESAI for Respondent(s) : 2, ====================================== LPA/5520/2006 2/3 JUDGMENT CORAM : HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN and HONOURABLE MR.JUSTICE AKIL KURESHI Date : 11/11/2008 ORAL JUDGMENT (Per : HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN) Heard the learned counsel for the parties. The petition has been filed seeking writ of certiorari directing the respondents to vary the Town Planning Scheme No.1 and permitting the petitioners to continue the occupation of their land with buildings. In the affidavit filed by the respondent Corporation on 5th October 2006, it is specifically stated that land of the petitioner which is part of final plot No.32 has been reserved for school and play ground. Further, it is also stated in the affidavit that final plot Nos.25, 33 and 34 admeasuring 33662 sq. meters have been allotted to the owners as per the re-distribution form. It is also stated that the petitioners have no right in original plot No.2 once the preliminary scheme has been finalised and it becomes part of the Act as per section 65 of the Gujarat Town Planning and Urban Development Act. That being the legal position, the reliefs prayed for in the petition cannot be granted. As per section 71 of the said Act, only the Government has the powers to vary the scheme by a subsequent scheme. This Court in its writ jurisdiction will not be justified in giving positive direction to the LPA/5520/2006 3/3 JUDGMENT Government to exercise powers under section 71 of the Act. Learned advocate for the appellants submitted that their case for alternative land or compensation may be considered. Such a request for alternative land or compensation will be considered by the appropriate authority in accordance with law and the scheme. Under the circumstances, there is no merit in the appeal and the same is dismissed. In view of dismissal of appeal, Civil Application for stay is also dismissed. Interim relief is vacated. Rule is discharged. (K.S.RADHAKRISHNAN, C.J.) (AKIL KURESHI, J.) (vjn)