Gujarat High Court
Kishorbhai Narottamdas Zalawadia vs State Of Gujarat on 25 March, 2026
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
NEUTRAL CITATION
C/SCA/342/2019 ORDER DATED: 25/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 342 of 2019
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KISHORBHAI NAROTTAMDAS ZALAWADIA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
HIREN J TRIVEDI(8808) for the Petitioner(s) No. 1
MR.KRUTARTH K PANDYA(7092) for the Petitioner(s) No. 1
MR DHAVAL TRIVEDI, AGP for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 25/03/2026
ORAL ORDER
1. Heard Mr. Hiren J. Trivedi, learned advocate appearing for the
petitioner and Mr. Dhaval Trivedi, learned AGP appearing for the
respondent – State authorities.
2. By way of the present petition, the petitioner herein has prayed
for the following reliefs:
“(28) In the premises aforesaid, the petitioners most humbly and
respectfully pray that:
(A) YOUR LORDSHIPS may be pleased to issue a writ of
mandamus or a writ in the nature of mandamus or any other
appropriate writ, order or direction quashing and setting aside
order dated 30.08.2018 passed by the respondent-SSRD in
Revision Application No.MVV/BKP/RJT/4/2018 (annexed at
Annexure) as well as the order passed by the respondent-District
Collector dated 18.03.2018 (annexed at Annexure_ further bePage 1 of 20
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pleased to allow the applications made and by the petitioner
before learned respondent-Collector dated 03.03.2016 and
02.01.2017;
(B) During the Pendency and Final Disposal of the present
petition YOUR LORDSHIPS may be pleased to stay further
operation, execution and implementation of order dated
30.08.2018 passed by the respondent-SSRD in Revision
Application No.MVV/BKP/RJT/4/2018 (annexed at Annexure) as
well as the order passed by the respondent-District Collector
dated 18.03.2018 (annexed at Annexure) and further be pleased
to allow the applications made by the petitioner before learned
respondent-Collector dated 03.03.2016 and 02.01.2017;
(C) Pass any such other and/or further orders that may be
thought just and proper, in the facts and circumstances of the
present case;”
3. By way of the present petition, the petitioner herein has invoked
Article 226 and 227 of the Constitution of India, being aggrieved and
dissatisfied by the impugned order dated 30.08.2018 passed by the
respondent no. 2 – Special Secretary, Revenue Department in Revision
Application No. MVV/BKP/RJT/4/2018 as well as the order dated
18.03.2018 passed by the respondent no. 3 – District Collector
wherein, the petitioners application came to be rejected which was
initially filed as Lokfariyad Swagat Karyakram initiated by the
Government of Gujarat on 07.04.2015 which ultimately culminated
into Lokfariyad Grievance I.D. No. 2017/4770 wherein, the petitioner
herein by an application duly produced at page 62, the petitioner
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requested to declare the land admeasuring 536.49 sq. mts. which is
part and parcel of land situated at Revenue Survey No. 316, Taluka:
Upleta, District: Rajkot admeasuring 17805.92 sq. mts. or 4-16 Acre-
Guntha to be available for residential purpose and the same be
mutated in the khata number of the petitioner as his land was
declined on the grounds not germane to the fact of the case. It is the
case of the petitioner that the respondent – Collector erred in holding
that the request of the petitioner is barred by limitation and the land
which was reserved for Development Road (herein after referred to as
D.P. Road or proposed road) would stand vested as road even after the
same was cancelled by the State Government under the Gujarat Town
Planning and Urban Development Act, 1976 (for short, “the Act,
1976”). The respondent – Collector have assumed powers for breach of
conditions under the Bombay Land Revenue Code, 1879, (for short,
“the Code”) for disposing the application of the petitioner herein and
has usurped the jurisdiction. The aforesaid has given rise to the filing
of the present petition.
4. Brief facts leading to the filing of the present petition read thus:
4.1. The principal dispute pertains to land situated at Revenue
Survey No. 316, Taluka: Upledta District: Rajkot admeasuring
17805.92 sq.mts ог 4-16 Acre-Guntha, Taluka: Upleta, Dist:- Rajkot
(for short, “the subject land”). The said land belonged to the father of
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the petitioner and the same is reflected in the revenue records.
Thereafter, on 22.04.1970, Entry No. 7691 was mutated in revenue
record pursuant to a family settlement arrangement. The common plot
was never distributed and it always belonged to the father of the
petitioner. The share of internal roads were divided and mutated
against each individuals name by the Mamlatdar after taking approval
of the Collector duly produced at “Annexure-A” to the petition.
4.2. Pursuant thereto the N.A permission was sought on such the
subject land which was granted on 30.06.1972 and thereafter, the lay
out plan on such land in question was granted by the then Collector
vide order dated 01.01.1973 bearing No. Ν.Α bearing 92/71-73.
Subsequently, revised plan was sanctioned by the Collector, upon
application by the petitioner dated 23.11.1978 and which was put for
consideration 29.12.1978, and was sanctioned on 04.02.1979 duly
produced at “Annexure-B” to the petition. When the new layout plan
was sanctioned a D.P road was shown to be passing from the land of
petitioner and accordingly, some part of the petitioner’s land was
included in the D.P road and accordingly, the usable area of
petitioner’s land was this reduced as per the plan approved in the year
1979. The D.P road was recommended to be cancelled vide Item No. 3
in Resolution 67 passed by the Nagar Palika, Upleta dated
12.09.1990, pursuant to objections called by the State Government as
provided under Section 16 the Act, 1976 duly produced at “Annexure-
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14.09.1995 issued by the Urban Development and Urban Housing
Department, Gandhinagar cancelled the 18m D.P Road passing
through Revenue Survey Nos. 316, 307/1 and 305/2 and others
exercising power under Section 19(1) the Act, 1976. It is further stated
that the said land reserved for D.P Road was released and was
designated for ‘Residential Use’ under Section 12(2)(a) the Act, 1976.
4.4. The petitioner was unaware about such development as the
petitioner is residing in Junagadh since last 40 years and accordingly
unaware about the developments on the said subject land. The D.P
road was shown to be passing through the revised plan sanctioned in
the year 1978, which was subsequently cancelled in the year 1995
i.e., almost after 20 years. The petitioner made an application dated
08.01.2015 before Public Information Officer, enquiring about the
status of D.P road passing through Survey No. 316 belonging to the
father of the petitioner along with the notification through which the
said D. P. Road was cancelled. The Public Information Officer vide its
reply dated 23.01.2015 intimated the petitioner that D.P Road was
cancelled vide notification dated 14.09.1995. The copy of the said
notification dated was made available to the petitioner along with the
resolution dated 12.09.1990 passed by Nagar Palika, Upleta. The
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petitioner made an application dated 11.02.2015 to include the land
which was reserved for D.P road passing through the land of the
petitioner and which was subsequently cancelled, in the khata
number of the petitioner and mutated and entry to the said effect. The
petitioner again made an application dated 03.03.2015 to the
Collector, Rajkot under Swagat Fariyad Nivaran scheme of
Government of Gujarat, after drawing reference to the letter dated
23.01.2015 of Public Information Officer informing the petitioner that
the D. P. road has been cancelled and it is also stated that petitioner
has not received any compensation of the land acquired for the road
purposes.
4.5. The petitioner again made an application before the Mamlatdar,
Upleta, drawing reference to the earlier application dated 11.02.2015
seeking the same relief, wherein, by communication dated 01.04.2015
the Mamlatdar replied that the petitioner to apply after obtaining
information as to how much land of the petitioner was included in the
D.P. road and when it was included. The petitioner once again applied
on 07.04.2015 before the Collector under the Swagat Fariyad Nivaran,
raising largely three grievances and requesting to resolve the same, as
under:
i. That the land which was included in the DP road and
which was subsequently released and designated for residential
uses in the year 1995, no information was in this regard wasPage 6 of 20
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provided to the petitioner;
ii. That while granting N.A permission in land in question
89-2-0 sq. yards was in industrial zone land which is now a
residential zone and accordingly the said land be converted for
residential land;
iii. That industrial zone land admeasuring the 89-2-0 sq.
yards was reflected in village form 6 bit the same is not reflected
in village form no. 8-A.4.6. The Mamlatdar, Upleta vide communication dated 13.04.2015
informed the petitioner that since while approving the lay out plan
vide order dated 01.01.1973, the area of land falling under D.P. road
is already counted in the internal road shown in the lay out plan and
no separate land is shown falling under D.P. Road and hence, such
clarity can be ascertained only after measurement of the land. It is
also stated that since the N.A. permission was granted by the
Collector, Rajkot, the Mamlatdar cannot do anything.
4.7. The Collector vide his letter dated 15.04.2015 addressed to
Chief Officer Nagar Palika, Upleta to ask all the complainant under
the Swagat Fariyad Nivaran to be present on 23.04.2015. The
petitioner remained present before the Chief Officer Nagar Palika,
Upleta on 23.04.2015 with the relevant information. Thereafter on
23.04.2015 all the grievances of the petitioner were addressed by
Chief Officer, Nagarpalika, Upleta and the petitioner was informed
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that none of the request could be countenanced. To issue no. 1, it was
stated that since no objection was taken by the petitioner to the
revised Development Plan as per the notification dated 14.09.1995 of
Urban Development and Urban Housing Department, Sachivalaya,
Gandhinagar, wherein all the stakeholders were asked to submit any
suggestions within two months from the date of publication, which
was subsequently finalized by Urban Development and Urban
Housing Department, Sachivalaya, Gandhinagar on 02.02.1996 vide
notification no. GH/V/23 OF 1996/DVP/-2491-2490/-L., the
petitioner could not be informed accordingly. Since the land of the
petitioner was not acquired there arises no question of paying any
compensation to the petitioner. Qua issue no. 2 the petitioner was
asked to make representation under Section 19 of the Act, 1976
before appropriate authority. For issue no. 3 it was resolved that
updating village form no.8-A as per village form no.6 does not fall
within the ambit of Nagarpalika.
4.8. The petitioner was informed by Chief Officer, Nagar Palika,
Upleta by communication dated 28.04.2015 that the land shown as
reserved for industrial use was converted to commercial purposes vide
notification dated 15.09.2018 of Urban Development and Urban
Housing Department, Sachivalaya, Gandhinagar. Thereafter vide
application dated 03.03.2016 petitioner made a representation that as
per his previous representation dated 07.04.2015 in Swagat Fariyad
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Nivaran, wherein he was called on 23.04.2015 and District
Development Officer heard his query in front of Chief Officer, Nagar
Palika, Upleta that Chief Officer informed the petitioner to be present
before Mamlatdar and Mamlatdar vide his letter dated 13.04.2015
stated he cannot interfere as N.A. permission granted by Collector,
Rajkot, the petitioner got the land measured after paying necessary
fees in the Officer of City Survey Superintendent Upleta, which came
to be 620.76 sq. mts. and accordingly the said land be included in the
khata number of the petitioner. The Collector vide letter dated
15.03.2016 asked the Mamlatdar to carry out necessary inspection of
documents.
4.9. The petitioner once again made a representation dated
09.11.2016 before the Collector under the Swagat Fariyad Nivaran
Program. Thereafter the Collector, Rajkot vide letter dated 15.11.2016
informed Mamlatdar Upleta and Mamlatdar N.A. Branch to inform the
petitioner to remain present on 24.11.2016 which was complied by
the Mamlatdar vide letter dated 09.11.2016. The petitioners
application came to be disposed by Mamlatdar, Upledta by order
dated 24.11.2016 wherein the questions raised by the petitioner were
answered in negative. The Mamlatdar, Upleta, observed that vide
Permission No. L.N.D.N.A 92/71-72 dated 01.01.1973 Ν.Α permission
was granted along with a lay out plan wherein including plot, common
plot and land for industrial purpose and internal road delineated
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totaling 21296 sq. yards or 17804.92 sq. mts. That vide Entry No.
7691 family settlement was mutated wherein common road and
internal plot was also divided and at Survey No. 2 plot and industrial
road was shown in the favour of father of petitioner. It was also
observed that 620.76 sq. mts. of road was indicated by the petitioner
is part of internal road in the lay out plant and since no separate D.P.
road is mentioned in the lay out plan, the road would be forming part
of the internal road and is already mutated in the favour of father of
petitioner. Since the entire piece of land along with D.P. road was
distributed vide Entry No. 7691, same is already shown in the name of
petitioner. The D.P. road is not separately mentioned in lay out plan
that means it is already being shown part of internal road and
accordingly, if this is shown separately a revised N.A. permission is
required and accordingly, Mamlatdar has no role in the same. The
Chief Officer, Nagarpalika shared copy of extant G.D.C.R page no. 14
to 16 vide his letter dated 06.12.2016.
4.10. The petitioner again made representation dated 02.01.2017
stating that out of 620.76 sq. mts. of land, 89.27 sq. mts. is industrial
land (currently commercial) thus 536.49 sq. mts. land was included in
D.P. road. It was stated since this road was cancelled it was not
converted for residential use and is lying unused and there is
imminent danger of encroachment on the said land. That out of total
road land of 4473.41 sq. mts. D. P. road of 536.49 sq. mts. may be
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deducted and may be declared as residential and be included in
petitioner’s khata number. The petitioner is not requesting for
additional land. As per G.D.C.R of 1976 the layout plan was finalized
and their was no stipulation of leaving 25% reserve land for road
purpose whereas stipulation is width of road should be proportionate
to length of the road which stipulation is followed in the layout plan
approved. In the application, the petitioner also requested for
provisions of G.D.C.R which warrants 25% of total land to be reserved
for road purpose. Thereafter, the Collector vide letter 17.01.2017
wrote to Mamlatdar to look in to the grievances of the petitioner.
Thereafter the petitioner vide application dated 16.06.2017 again
requested the Collector to dispose his application as per law.
4.11. Thereafter, vide representation dated 08.10.2017 the petitioner
again wrote to Public Relationship Officer to take appropriate steps in
relation to application made by the petitioner, response to which
Section Officer (Public Relations) vide letter dated 20.11.2017 wrote to
Hon’ble Chief Minister’s Office to take application of petitioner in next
Swagat Fariyad Nivaran program for consideration and marked a copy
of such letter to Collector. On 06.02.2018, the Chief Officer,
Nagarpalika wrote to the petitioner that since the proposed road was
cancelled there is no requirement of any separate proceedings and the
said land is considered as residential. The respondent – Collector vide
letters dated 09.02.2018 and 17.02.2018 dated asked Mamlatdar,
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Upleta to carry out proceedings and consider the representation of
petitioner. It is stated that the Mamlatdar vide his order dated
22.07.2018 disposed of the application of petitioner in similar manner
to the order dated 24.11.2016. The respondent-Collector vide his
order dated 18.03.2016 disposed of the applications of the petitioner
inter alia on other grounds starting the request of the petitioner is
barred by limitation and that total area of the land in question was
determined as per the layout plan during N.A. proceedings and only
because D.P. road is cancelled the said road cannot be vested to the
original khata number and it stands vested in the road.
4.12. Being aggrieved by the aforesaid order of the District Collector,
the petitioner preferred Revision Application No.
MVV/BKP/RJT/4/2018 before respondent – SSRD wherein, the
petitioner again made written submission dated 06.08.2016 during
the course of hearing before the SSRD. (annexure-T) That the
Collector erred in holding that the subject land does not fall in the
khata number of the petitioner. In response to the said observation
the petitioner submitted the form 8-A wherein, it is submitted that the
common plot, the industrial zone and the proposed road was never
surrendered by the petitioner and the petitioner still pays the taxes.
The adjacent plot situated at Revenue Survey No. 316 paiki
admeasuring 3 Acre-39 a layout plan was sanctioned 03.06.2016,
where in the residential construction has been allowed on the area of
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land falling under the D.P road passing through such plot. Corollary
being the land is falling under the D.P road now is converted into
residential purposes. The respondent-SSRD vide order dated
30.08.2018 rejected the petitioners application. (annexure-v. Being
aggrieved by the impugned orders dated 30.08.2018 passed by the
respondent – SSRD in Revision Application No.
MVV/BKP/RJT/4/2018 as well as the order passed by the
respondent-District Collector dated 18.03.2018 and the in actions of
the authority to countenance the request of petitioner for including
the land of D.P road in the khata no. of the petitioner and declaring
the same as available for residential purposes, the petitioner herein
has preferred the present petition.
5. Mr. Trivedi, learned advocate appearing for the petitioner
submits that the respondent authority by notification dated
14.09.1995 issued by the Urban Development and Urban Hosing
Department, Sachivalaya, Gandhinagar dated 14.09.1995, that the
proposed road was designated for residential purpose as per Section
12(2)(a) of the Act, 1976. That the proposed road after cancellation is
still reflected road in land records and that even after pursuing the
query to the respondent authorities, the respondent authorities
declined to mutate the land which is not forming a part of the D. P.
Road in the Khata of the petitioner which is an internal road which is
of the ownership of the petitioner.
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5.1. In the facts of the present case, there is a family settlement
between the family members and there is no question of a registered
sale deed as observed by the Collector. The authority suggested the
petitioner to tender revised plan for the piece of land admeasuring
260.76 sq. mts. It is submitted that the petitioner only seeks that
upon measurement having been undertaken by the petitioner herein
to the DILR, the D. P. Road and the industrial plot admeasuring
620.76 which admeasures 536.49 sq. mts and 620.76 sq. mts. be
mutated in the petitioners name Khata entry in accordance with law.
It is submitted that the respondent authority erred in declining such
request mainly on the ground of delay.
5.2. Mr. Trivedi, learned advocate submits that the prayer is
innocuous wherein, the petitioner herein is the owner of the subject
land and in view thereof, the aforesaid exercise be undertaken.
Submissions by the State:
6. Mr. Trivedi, learned AGP relies on the affidavit in reply filed by
the respondent authority duly produced at page 107 to the petition. It
is submitted that the land bearing Survey No. 316 paiki admeasuring
acre 4 guntha 16 of Village: Ubledta, Taluka: Upledta-2, vide Entry
No. 375 in record of rights stood in the name of Narottam Ratansinh
Zalavadiya, the petitioner’s father. The subject land came to be
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converted into N.A. upon certain conditions by order dated
13.06.1972. The terms of N.A. permission for residential use, building
arrangement layout plan as also elevation and detailed building plan
was asked to be submitted in 6 copies within 15 days of the order. On
production thereof, Collector, Rajkot granted the same vide order
dated 01.01.1973 in accordance with correction suggested by the
surveyor. The copy of building arrangement layout plan is produced
by the petitioner along-with the petition at page 36. As per the
building arrangement layout plan total 29 plots were carved out
leaving open land for internal roads as also for enjoyment of plot
holders. The petitioner herein, upon a family arrangement having
been arrived at between the family members plot nos. 1 to 3 and 4 to
8 for which entry no. 7715 and 7717 in record of rights came to be
mutated, to Geetanjali Cooperative Housing Society Limited on
14.07.1979. The registered sale deeds entered with Geetanjali Co-
operative Housing Society limited is also not produced on record by
the petitioner.
6.1. Placing reliance on the aforesaid submissions, it is submitted
that the sanctioned building arrangement layout plan for residential
purpose, proposed road on left side of the plan goes from south to
north whereas sanction layout plan in the order of N.A. shows towards
plots and area thereof is not specifying any area for proposed road or
either common usage of plot holders or it is proposed in the
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development plan. The petitioner is not the owner of that proposed
road either of the scheme or of the development plan.
6.2. Placing reliance on the aforesaid submissions, it is submitted
that in issue no. 3 resolution no. 67 by Nagarpalika, Upleta dated
12.09.1990 resolves that in development plan passing through Survey
No. 316 has construction over the same and therefore, it is not
possible to implement the proposed road if sanctioned, therefore,
Nagarpalika, Upleta requested to drop the proposed the road from the
development plan in Survey No. 316. Even if proposed road passing
through Survey No. 316 in development plan is dropped it makes no
difference as far as petitioner is concerned. Therefore, land
admeasuring 620.76 Sq Mtrs claimed by the petitioner to be released
for residential use is without basis. Petitioner filed various
applications to different authorities for same purpose but ultimately
on the report submitted by Mamlatdar, Upleta providing the factual
details to the Collector vide order dated 17.03.2018 wherein
application of the petitioner came to be rejected. It is submitted that
the petitioner appears not to have challenged the communication,
however, preferred appeal before the SSRD which came to be rejected
by order dated 30.08.2018 confirming the order/communication
17.03.2018 of the Collector against which the present petition is filed.
6.3. Since proposal for proposed road is dropped and no land is
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deducted of the owner of the plot for which N.A. permission is granted
the question of passing any order as requested by the petitioner does
not arise. It is submitted that the revised plan produced by the at
page 96A is for grant of N.A. for residential purpose for different land
comprising very Survey No. 316 paiki admeasuring A-3 G-39. Placing
reliance on the aforesaid submissions, it is submitted that in absence
of any reduction, of any area, the question of mutation of the land
admeasuring 620.76 sq. mts. does not arise. The present petition be
dismissed.
7. Mr. Trivedi, learned advocate in rejoinder reiterates the
contentions raised earlier and submits that in absence of the
proposed D. P. Road, having been implemented, the remaining area of
land as per the measurement undertaken by the DILR with respect to
Survey No. 316 which was originally owned by the petitioner is such
that the same is required to be mutated in the petitioners Khata.
8. Having heard the learned advocates appearing for the respective
parties, it is not in dispute that the land bearing Revenue Survey No.
316 paiki, Taluka: Upleta, District: Rajkot admeasuring 17805.92 sq.
mts. or 4-16 Acre-Guntha vide Entry No. 374 in the record of rights
came to be mutated in the name of the petitioners father Narottam
Ratansinh Zalavadiya. The said land was thereafter converted into
N.A. on 13.06.1972 upon certain conditions. On production of the
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plan before the Collector, Rajkot, the same is granted by order dated
01.01.1973 in accordance with the correction suggested by the
surveyor.
9. As pointed out by Mr. Dhaval Trivedi, learned AGP wherein, the
copy of the building arrangement plan is duly produced at page 36
carving out 29 plots leaving open land for internal roads as also for
enjoyment of the plot holders. Upon a family arrangement arrived at
between the family members, plot nos. 1 to 3 and 4 to 8 for which
Entry Nos. 7715 and 7717 came to be mutated in the revenue record
was thereafter sold by the petitioner to Geetanjali Cooperative Housing
Society Limited on 14.07.1979 is also not in dispute. The petitioner
herein, approached the respondent authority for mutation of the
remaining parcel of land in the petitioners khata after a period of 40
years on the ground that the petitioner was not aware about the
notification issued by the competent authority under the town
planning act.
9.1. The petitioner’s request came to be declined by the competent
authorities mainly on the ground of delay of 40 years and also factual
position of upon perusal of the plan duly produced at page no. 36 as
also page no. 105 that even if the case of the petitioner is taken as it is
the proposed D.P. Road never passed through the plots owned by the
petitioner herein, the same passed through plot no. 26. The aforesaid
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C/SCA/342/2019 ORDER DATED: 25/03/2026
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is not controverted by the petitioner. It can easily be inferred that in
absence of any area as such the petitioner herein is not even the
owner of the subject land having sold the same to Geetanjali
Cooperative Housing Society Limited however, claims that the
remaining parcel of land admeasuring 620.76 sq. mts. be mutated in
his name also does not appeal to this Court.
9.2. In rejoinder, Mr. Trivedi, learned advocate for the petitioner
submits that the plot No. 26 is a separate road. The road is not sold. It
is settled position of law wherein it is held that the petitioner having
sold the land in question to Geetanjali Cooperative Housing Society
Limited as back in the year on 14.07.1979 as referred to herein-above.
It is also the oral submission of the petitioner that the present petition
is filed on behalf of legal heirs also however, said contention cannot be
accepted in writ jurisdiction wherein the legal heirs are also not made
party to the proceedings. Further, in view of the aforesaid, the
petitioner herein having failed as to how the petitioner in has any legal
right to claim such area of land in his Khata Number.
9.3. It is apposite to refer to the deal with the decision relied upon by
the Mr. Trivedi, learned advocate appearing for the petitioner rendered
in the case of Vijayrajsinhji Virbhadrasinhji Gohil and Others Vs
State of Gujarat and Others reported in 2015 (1) GLR 444.
9.4. It is applicable in the facts of the present case wherein, in the
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C/SCA/342/2019 ORDER DATED: 25/03/2026
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said case, the crux of the matter is whether any claim could be made
by the Respondent No.3-Society or its members in respect of the land
other than which has been conveyed to the members by a registered
sale deed individually. The land which was left out admittedly
belonged to the petitioners as there was no dispute with regard to the
title over the land inasmuch as the members of the Respondent No.3-
Society also derive their title through the sale deed executed by the
petitioners in favour of the members individually by a registered sale
deed.
10. In view of the aforesaid, the petitioner herein having failed as to
how the petitioner has any legal right to claim such area of land in his
Khata No. 17805.92 sq. mts. or 4-16 Acre-Guntha, the petition herein
is devoid of merit to exercise extraordinary jurisdiction under Article
226 of the Constitution of India. The facts are such that the same
cannot be adjudicated under Article 226 of the Constitution of India
however, it is open for the petitioner to avail appropriate remedy in
accordance with law.
11. In view of the aforesaid, the present petition is dismissed. I don’t
find any reasons to interfere in the orders passed by the competent
authorities. Rule is discharged.
(VAIBHAVI D. NANAVATI,J)
KUMKUM
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