- (1.) By way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for an appropriate writ, order and/or direction, quashing and setting aside the sanction of the Draft Town Planning Scheme No.61 (Gotri), Vadodara, in so far as the reservation for EWX is made from the land which was built upon and amenities provided for by the petitioners and with respect to shifting of the roads, etc.
(2.) Today when the present petition is taken up for final hearing, Ms.Ketty Mehta, learned advocate appearing on behalf of the petitioner has requested to dispose of the present Special Civil Application by making suitable observations while preparing Preliminary Town Planning Scheme and sending it to the State Government, Town Planning Officer to consider the objections submitted by the petitioners.
(3.) Considering the fact that at present the Scheme is at Draft Town Planning Scheme and it is reported that Town Planning Officer has yet to prepare Preliminary Town Planning Scheme and/or is preparing Preliminary Town Planning Scheme, the present Special Civil Application is disposed of by observing that while preparing Preliminary Town Planning Scheme and sending it to the State Government, Town Planning Officer is bound to consider the objections/suggestions submitted by the affected parties inclusive of the petitioners. Let the petitioners submit appropriate additional objections before the Town Planning Officer if the petitioners so choose, which the Town Planning Officer is bound to consider at the time of preparing Preliminary Town Planning Scheme and sending it to the State Government and, therefore, Town Planning Officer may consider the same in accordance with law and on its own merits while preparing Preliminary Town Planning Scheme.;