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Judgment
Biren Vaishnav, J
Heard Mr.Deep Vyas learned advocate for the petitioner. Notice under challenge is dated 26.08.2021 issued by the Bilimora Nagarpalika. Apparently, reading of the notice would indicate that it is in context of some parking charges to be undertaken by the Somnath Temple during the holy month of 'Shravan'. An affidavit-in-reply has been filed by the Chief Officer of Bilimora Nagarpalika which indicates as under:
"8. I submit that Preliminary Town Planning Scheme no.1 (Bilimora-Desra) has been sanctioned by the state government u/s 65 of the Gujarat Town Planning and Urban Development Act, 1976 by issuing notification no.GH/V/67 of 2019/DVP-322015-276-L.Dtd.27.05.2019.
I submit that as per record of the sanctioned T.P.Scheme , land bearing Survey no.399/2+400 has been renamed as original plot no.27 admeasuring 10180 sq. Mtrs. I submit that in lieu of Original plot no.27 the final plot no.27 admeasuring 8340 sq. mtrs has been allotted to its owners I.e 1. Jivabhai Lavabhai patel & others as mentioned in the redistribution form. The copy of the redistribution form and part plan of preliminary scheme annexed herewith as Annexure :R/1. I submit that some part of original plot no.27 goes in to reservation of parking and remaining major part of the original plot has been merged in final plot no.27 and allotted to owners of original plot.
I submit that the petitioner temple situated upon original plot no.26/A & 26/B. I submit that after statutory deduction the Final Plot no.26/A & 26/B (carved out form Original plot) allotted to petitioner temple.
I submit that it reveals from documents produced along with petition that no point of time during preparation of preliminary scheme the objection against the reservation has been raised by the owners of the O.P.No.27.
I submit that as a part of implementing process the demarcation of final plot no.27 has been carried out on 18.12.2019 and rojkam also prepared by the respondent authority. The copy of Rojkam Annexed herewith as Annexure : R/2.
I submit that after demarcation of final plot the notice u/s 67 of the act, 1976 has been issued to concerned persons, however full possession of the original plot has not been handed over to present respondent. I submit that respondent authority was in process to issue notice u/s.68 R/ W Rule 33 meantime present petition has been filed therefore, no further action imitated by the respondent Nagarpalika to implement scheme. The copy of notices issued u/s 67 annexed herewith as Annexure : R/3."
Apparently, therefore if it is the contention of the petitioner that he is the owner of the land in question which is a subject matter of communication dated 26.08.2021, notice under Section 68 read with Rule 33 of the Town Planning Act, is yet to be issued and the petitioner as he claims to be the owner of the land, appropriate decision shall be taken after following due procedure under the Act.
Mr.Meet Thakkar learned AGP appears for respondent no.1.
The petition is disposed of with an observation that it will be open for the petitioner to convey the anxiety of the petitioner regarding variation of the scheme, it is open for the petitioner to so pray for, at the stage of notice under Section 68 read with Rule 33.
Petition is disposed of in above terms.