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Judgment
Gita Gopi, J
Draft amendment is allowed. The Vadodara Municipal Corporation, Town Planning Officer, Khenderav Market Building, Raj Mahal Road, Vadodara - 390209 be added as respondent No.7 in the main petition.
Mr. Sanjanwala, learned Senior Advocate alongwith Mr. Dilip Kanojiya, learned advocate for the applicants, referring to the notice given by Vadodara Municipal Corporation dated 18.10.2021 issued by Land Acquisition Officer directing the applicants to hand over the possession of Final Plot No. 152 which is of the ownership of the applicants within the period of seven days; otherwise the said authority will take forcible possession of the land in question.
Mr. Sanjanwala, learned Senior Advocate for the applicants submitted that the petitioners in the main petition had challenged the very framing of the Draft Town Planning Scheme No.2 at Sama, Dumad and Vemali prepared by Vadodara Urban Development Authority and it is stated that on the said land there are residential houses of the petitioners and they are residing their since more than 15 years, and if notice stands implemented, then the petitioners would be thrown out from the residential houses.
Mr. Sanjanwala, learned Senior Advocate for the applicants further submitted that the notice is issued with malafide intention by misusing the powers and the petitioners would remain remediless if the notice under Section 48A of the Town Planning Act are executed. The petitioners by way of Special Civil Application No. 12386 of 2016 had challenged the very action of the authority and the matter is still under consideration.
In view of this fact, the implementation of the notice dated 18.10.2021 issued by the Land Acquisition Officer (T.P.), Vadodara Mahanagar Sevasadan, is stayed till further orders.
Notice returnable on 25th November, 2021.
Direct service (today) is permitted.