- (1.) Leave granted.
(2.) Interpretation and/ or application of the provisions of the Gujarat Town Planning and Urban Development Act, 1976 (for short "the Act") and the Rules framed thereunder known as the Gujarat Town Planning and Urban Development Rules, 1979 (for short "the Rules") is in question in this appeal which arises out of a judgment and order dated 27.12.2006 passed by a Division Bench of the High Court of Gujarat at Ahmedabad in Letters Patent Appeal No. 1611 of 2006 arising out of a judgment and order dated 23.11.2006 passed by a learned Single Judge of the said Court in SCA No. 7092 of 2001.
(3.) Before embarking upon the issue involved in this appeal, we may notice the admitted fact of the matter. The Government of Gujarat in exercise of its power conferred upon it under Section 65 of the Act made a scheme in respect of the town of Umra, Surat on 1.06.1999. Plot Nos. 17/7 and 17/8 were owned by Respondent No. 4 herein. Appellant was a tenant under the said respondent in respect of Plot No. 17/8 admeasuring 1067 sq.m. He used to run a business of marble and stone therein. A road widening project was proposed in terms of the said scheme. Notices therefor were issued both to the appellant as also the respondent no.;