IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 15707 of 2004 For Approval and Signature: HON'BLE MR.JUSTICE M.R. SHAH ======================================================== 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? --------------------------------------------------------- TULSIBHAI M DANKHARA Versus STATE OF GUJARAT ---------------------------------------------------------- Appearance: 1. Special Civil Application No. 15707 of 2004 MR SP MAJMUDAR for Petitioner No. 1 Mr. PR Abichandani, AGP for Respondent No. 1 MR PRASHANT G DESAI for Respondent No. 2 DS AFF.NOT FILED (N) for Respondent No. 3 ---------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE M.R. SHAH Date of decision: 18/02/2005 ORAL JUDGEMENT Rule. Shri Prashant G. Desai, learned advocate waives service of Rule on behalf of Surat Municipal Corporation and Shri PR Abichandani, learned AGP waives service of Rule on behalf of the State. 2. In this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, order or direction directing the respondent authorities, more particularly, Surat Municipal Corporation not to make any variation in the final Town Planning Scheme No. 15, Fulpada,Surat with respect to land of Revenue Survey No. 104 for the purpose of reduction of width of the road from 12 metres to 9 metres as per the Resolution No. 43 dated 24th September 1993 and to quash and set aside the Resolution No. 43 dated 24th September 1993. It is also prayed that though the proposal of the Surat Municipal Corporation for reduction of width of the road from 12 metres to 9 metres is once turned down by the State Government and the variation was rejected a resolution has been passed again and even without getting the final Town Planning Scheme varied the respondent is trying to reduce the width of the road from 12 metres to 9 metres. 3. In response to the notice issued by this Court, Shri Prashant G. Desai, learned advocate, appears on behalf of the respondent Corporation and Shri PR Abichandani, learned AGP appears on behalf of the State Government. Shri Prashant Desai, learned advocate appearing on behalf of the Surat Municipal Corporation has submitted that it is true that once the proposal submitted by the Surat Municipal Corporation for variation of the scheme for reduction of the width of the road in question from 12 metres to 9 metres came to be turned down after the Resolution No. 43 dated 27.10.1993. A Resolution No. 25/2004 dated 7.12.2004 has been passed by the Town Planning Committee of the Surat Municipal Corporation to send a proposal for reduction of width of the road in question from 12 metres to 9 metres as per the Resolution No.43 dated 25.2.2003 and the matter rests at that stage. Therefore, it is submitted that the present Special Civil Application at present is premature. 4. Heard the learned advocates appearing on behalf of the parties. It is an admitted position that under the Town Planning Scheme No. 15 which has become final, there is a 12 metres road on the Western side of Final Plot No. 81. Earlier, Resolution No. 20/2003 of the Town Planning Committee, Surat Municipal Corporation and Resolution No. 43 dated 27.10.1993 came to be passed to send a proposal for variation of the scheme by reducing the width of the road in question from 12 metres to 9 metres. But the efforts on the part of the Surat Municipal Corporation for getting the scheme varied by getting the width of the road reduced from 12 metres to 9 metres came to be rejected by the State Government. 5. Under the circumstances, the respondents are directed to implement the Town Planning Scheme No. 15 which has become final and they are restrained from reducing the width of the road from 12 metres to 9 metres which is on the Western side of Final Plot No. 81, unless it is varies under the T.P. Scheme by the State Government and subject to the ultimate decision that may be taken by the State Government on the proposal that may be sent by the Municipal Corporation pursuant to the Resolution No. 25/2004 dated 7.12.2004. It is ultimate for the State Government to consider the proposal that may be submitted by the Surat Municipal Corporation for variation of the scheme pursuant to the Resolution No. 25/2004 dated 7.12.2004 in accordance with law and on merits. However, until then, the respondents cannot reduce the width of the road from 12 metres to 9 metres. 6. With these observations and directions, the Rule is made absolute to the aforesaid extent with no order as to costs. [ M.R. Shah, J. ] rmr.