GOVINDBHAI JIVABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner by this petition has prayed for appropriate writ to direct respondent no.3 to implement the town planning scheme no. 10 at Rajkot qua original revenue survey no.323, which was original plot (original plot no.13/1).

(2.) THE short facts of the case are that preliminary town planning scheme no.10 was framed for Rajkot city. Prior to the framing of the scheme, the petitioner together with other co-owners and State Government were holding the land bearing original revenue survey no.323, total admeasuring 87,312 sq. mtrs. out of which (A) the land admeasuring 16,188 sq. mtrs. and 34,095 sq. mtrs., total 50283 sq. mtrs was held by Khodidasbhai Laxmanbhai, Savjibhai Karamsibhai, Kanjibhai Savjibhai, Ramjibhai Savjibhai and Laxmanbhai Savjibhai, whereas, (B) land admesuaring 20,942 sq. mtrs. were held by Liriben Meghabhai, Rajiben Meghabhai, Ramaben Vastabhai, Kalyanbhai Channabhai, Jivtiben Khimabhai and Ratanben Kanabhai and it is stated that the petitioner is representing the interest of legal heirs of Liriben Meghabhai. (C) Land admeasuring 14,569 sq. mtrs. was held by Hematlal Muljibhai, Popatlal Raghavjibhai, Harishankar Lakshmishankarbhai, Rohitkumar Maganlal, Narendra Rameshchandrabhai, Jayantilal Muljibhai, Amrutlal Bhanjibhai, Indrakumar Jagjivanbhai, Jagjivanbhai Vacchrajbhai and Prabhudas Harilal and (D) land admeasuring 1518 sq. mtrs. was held by the Government through the District Collector.

(3.) I have heard Mr.Chhaya, learned counsel appearing for the petitioner, Mr. Patel learned AGP for the State Authorities and Mr.Govindan for Mr.Clerk for the Corporation.