Dismissed

Dhanjibhai Punjabhai Patel v. State of Gujarat

Gujarat HC26 Nov 2018LPA/1875/2017

Case brief

AI extract

What is this about?

In a common oral order, the High Court of Gujarat declined to comment on the merit of the impugned judgment. It ruled that the legal right to approach the Competent Authority under Section 19 of the Gujarat Town Planning and Urban Development Act, 1976, remained open to appellants. Consequently, the court found no merit in the appeals and dismissed them.

What did the court decide?

Appeals dismissed. Civil application for stay disposed of. Recourse to Competent Authority under Section 19 of the Act remains open.

Dhanjibhai Punjabhai Patel Vs State of… — Constitutional and Fundamental Rights | Gujarat HC (2018)

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C/LPA/1875/2017 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/LETTERS PATENT APPEAL NO. 1875 of 2017

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SPECIAL CIVIL APPLICATION NO. 6562 of 1999 With CIVIL APPLICATION NO. 2 of 2017 With R/LETTERS PATENT APPEAL NO. 1876 of 2017 In SPECIAL CIVIL APPLICATION NO. 6566 of 1999 With R/LETTERS PATENT APPEAL NO. 1877 of 2017 In SPECIAL CIVIL APPLICATION NO. 6567 of 1999 With R/LETTERS PATENT APPEAL NO. 1878 of 2017 In SPECIAL CIVIL APPLICATION NO. 6572 of 1999 With R/LETTERS PATENT APPEAL NO. 1879 of 2017 In SPECIAL CIVIL APPLICATION NO. 6617 of 1999

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DHANJIBHAI PUNJABHAI PATEL

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Versus STATE OF GUJARAT

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========================================================== Appearance:

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MR SATYAM Y CHHAYA(3242) for the APPELLANTS MS NISHA THAKORE, ASSTT. GOVT. PLEADER for Respondent No.1-5 MR DEEPAK P SANCHELA(2696) for the RESPONDENT(s) No. 6

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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ANANT S. DAVE and HONOURABLE MR.JUSTICE BIREN VAISHNAV

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Date : 26/11/2018

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COMMON ORAL ORDER

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(PER : HONOURABLE THE ACTING CHIEF JUSTICE ANANT S. DAVE)

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Page 1 of 3

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C/LPA/1875/2017 ORDER

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Heard Mr.Satyam Y.Chhaya, learned counsel for the appellants, Ms.Nisha Thakore, learned Assistant Government Pleader for respondents No.1 to 5 and Mr.Deepak P.Sanchela, learned advocate for respondent No.6.

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Mr.Satyam Chhaya, learned counsel appearing for the appellants would contend that the legality and validity of the judgment impugned, dated 29.03.2017, passed by the learned Single Judge in Special Civil Applications as such cannot be assailed, but at the same time, at least, considering the existence of the appellants on the subject land for years together, they may be permitted to approach the concerned Competent Authority so as to take appropriate steps under Section 19 of the Gujarat Town Planning and Urban Development Act, 1976, for appropriate relief, including that of variation of Final Development Plan.

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Be that as it may, without commenting on merit of the above submission, if any right exists or if so desired by the appellants to approach the Competent Authority for variation of the Final Development Plan as envisaged under Section 19 of the Gujarat Town Planning and Urban Development Act,

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Page 2 of 3

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C/LPA/1875/2017 ORDER

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1976, it will be open for the appellants to take recourse to such action, leaving it open for the concerned authority to take a decision in accordance with law.

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Barring the above, this Court finds no merit in these appeals and accordingly, the same are dismissed.

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Civil Application for stay also stands disposed of.

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(ANANT S. DAVE, ACJ)

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(BIREN VAISHNAV, J)

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sunil

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Page 3 of 3

Dhanjibhai Punjabhai Patel v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Dhanjibhai Punjabhai Patel v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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