- (1.)By way of this petition, the petitioner has prayed for the following reliefs:-
(A) Be pleased to admit this petition.

(B) Be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction, quashing and setting aside the Notification No. GH/V/246/2003/TPS/1411/2484-L dtd. 27/12/2013 issued by the respondent No.1 authority whereby sanctioned the preliminary scheme on the grounds mentioned in the petition;

(C) Pending admission, hearing and final disposal of the present petition, this Hon'ble Court be pleased to stay the operation, implementation and execution of the Notification No. GH/V/246/2003/TPS/1411/2484-L dtd. 27/12/2013 issued by the respondent authority qua the land of petitioner and restrain the respondent from taking possession of land of petitioner;

(D) Your Lordships may be pleased to award any such other and further relief as may be deemed just and expedient in the interest of justice.

(2.)Considering the fact that the preliminary Town Planning Scheme is sanctioned on 27/12/2013 itself and the petition is preferred in the year 2016 as well as considering the fact that as per the scheme of the Act once the preliminary Town Planning Scheme is sanctioned, any person who wishes to have any change in the same is required to file an application for variation either in sec. 70 A or 71 of the Act and therefore, at the outset, learned advocate Mr. Krunal Pandya, upon instructions submitted that at this stage, without making any submissions on merits of the matter, the petitioner intends to make a representation for variation, over and above past representation which the petitioner has already made. He states that State Government/ appropriate Authority may be directed to consider the same in accordance with law as early as possible.
(3.)In view of the aforesaid submission, following directions are issued:-
(1)The petitioner is permitted to file a fresh representation within a period of fifteen days from today, over and above any other representations that the petitioner has already made in the past before the authorities for variation. If any such fresh representation is made, the authority is directed to consider the past representations made by the petitioner as well as the representation that the petitioner may make for variation in Town Planning Scheme and to decide the same as early as possible keeping in mind the fact that preliminary scheme is already sanctioned in the year 2013 and the petition is preferred in the year 2016 which shows that much time has already been consumed.

(2)The respondent authority is also directed to pass a reasoned order and if required grant personal hearing also to the petitioner.

(3)The aforesaid exercise may be completed as early as possible.