Bela M. Trivedi, J. - (1.) The petitioners claiming to be the occupiers of the land bearing Survey No. 530/2 paiki original plot No. 72, have filed the present petition seeking vacant possession of Final Plot No. 78/1 and 78/2, challenging the order dated 08.05.2018 passed by the respondent Municipal Corporation calling upon the petitioners to hand over possession of the land occupied by them.
(2.) As per the case of the petitioners, they are occupiers of the land bearing survey No. 530/2 paiki Original Plot No. 72 since last 40 years. According to the petitioners, the respondent - Corporation had framed the draft Town Planning scheme being No. 20-A (Chandkheda), in which 12 metre wide road was shown going straight and communicating 18 metre wide road at the junction, however, as per the preliminary scheme sanctioned by the Government under Section 65 of the Gujarat Town Planning and Urban Development Act, 1976 (hereinafter referred to as 'the said Act'), the 12 metre wide road was given curvature. As a result thereof, the four houses of the petitioners were being affected. The owners of the land were served with the notice dated 07.02.2018 from which the petitioners came to know that the said owners were allotted Final Plot Nos. 78/1 and 78/2 in liue of the Original Plot No. 72 under the preliminary Town Planning scheme. According to the petitioners, the said Final Plot Nos. 78/1 and 78/2 were in possession of some third party, and therefore, the petitioners had made representation to the respondent authorities to the effect that unless and until the vacant possession of the Final Plots was allotted to them, the possession of the land occupied by them should not be taken away. The petitioners were also called for personal hearing on 13.04.2018, however, thereafter the respondent Corporation issued the final order on 08.05.2018 under Section 68 read with Rule 33 of the said Act calling upon the petitioners to hand over vacant possession of the lands in question.
(3.) The respondent Corporation has filed affidavit-in-reply challenging the very locus standi of the petitioners to file the petition and also contending inter alia that the petition suffers from the vice of suppression of material facts. According to the respondent Corporation, the petitioners are neither owners nor the legal occupiers of the lands in question, and therefore, there was no question of handing over the possession of Final Plot Nos. 78/1 and 78/2 to them. The respondent has produced on record the redistribution statement to show that the original owners of the Revenue Survey No. 530/2/P were some 20 persons who were alloted original Plot No. 72, and in lieu thereof were given Final Plot Nos. 78/1 and 78/2 under the Town Planning scheme No. 20-A Chandkheda (preliminary). It is also contended that the preliminary Town Planning scheme was sanctioned by the Government on 24.08.2015 with the road alignment as shown therein, and accordingly the original owners were informed vide the notice dated 07.02.2018. The petitioners who were in unauthorized possession of the lands in question, were also served with the notice under Section 68 Rule 33 on 23.03.2018, pursuant to which they had made representation on 02.04.2018, and they were also given opportunity of personal hearing on 13.04.2018. During the course of personal hearing, the petitioners had failed to show their legal right to remain in possession of the lands in question, and therefore, the impugned final order was passed by the Corporation.;