MUKESHKUMAR SAGALCHAND THAKKAR Vs. STATE OF GUJARAT
LAWS(GJH)-2023-1-1707
HIGH COURT OF GUJARAT
Decided on January 23,2023

Mukeshkumar Sagalchand Thakkar Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

- (1.)Heard learned advocate Ms.Dhwani Lakhani for the petitioner and learned AGP Mr.Ayaan Patel for the respondent State.
(2.)By way of this petition, the petitioner has prayed for the following reliefs:-
(A) Be pleased to admit and allow this petition;

(B) Be pleased to issue a writ of mandamus and/ or a writ in the nature of mandamus or any other appropriate writ, order or direction holding that the impugned notification issued by the State Government on 1/3/2016 is bad in law and also quash and set aside the same

or this Hon'ble Court may pleased to pass appropriate order holding and declaring that the reservation/designation for "public purpose use" qua the land in question have lapsed and consequential relief to the effect that the petitioner is entitled to make appropriate use of the land in question. (BB) Be pleased to issue a writ of mandamus and/ or a writ in the nature of mandamus or any other appropriate writ, order or direction holding that the impugned notification issued by the State Government on 1/3/2016 is bad in law and also quash and set aside the same qua the land of the petitioner bearing Revenue Survey No.1047/19/Paiki -129 admeasuring 2 acres;

(C) Be pleased to issue a writ of mandamus and/ or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondent authorities to act and decide the detailed notice/representation issued by the petitioner under the provision of Sec. 20(2) of the Act.

(D) Pending admission and final disposal of the present petition, be pleased to direct the respondents to decide the representations and/or reply to the notice issued by the petitioner on 30/7/2016.

(E) Be pleased to pass such other and further orders as may be deemed fit and proper.

(3.)In view of the aforesaid reliefs prayed for by the petitioner, learned AGP Mr.Ayaan Patel for the respondent State draws attention of this Court that by way of the present petition challenged the Notification dtd. 1/3/2016, which is issued in exercise of powers conferred by the proviso of Sub Clause 2(A), Sub Sec. 1 of Sec. 17 of the Gujarat Town Planning and Urban Development Act, 1976. He states that once the notification is published if the petitioner seeks any change in respect of dereserving the land, the remedy available to the petitioner would be under Sec. 19 by preferring an application for variation.


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