RAJKOT MUNICIPAL CORPORATION THROUGH COMMISSIONER vs GOVINDBHAI JIVABHAI PATEL
- Court
- Gujarat High Court
C/LPA/293/2014 JUDGMENT DATED: 29/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 293 of 2014
In
R/SPECIAL CIVIL APPLICATION/17573/2003
With
CIVIL APPLICATION (FOR JOINING PARTY) NO. 1 of
2026
In
R/LETTERS PATENT APPEAL NO. 293 of 2014
======================================
RAJKOT MUNICIPAL CORPORATION THROUGH
COMMISSIONER
Versus
GOVINDBHAI JIVABHAI PATEL & ORS.
======================================
Appearance:
MR AV NAIR(5602) for the Appellant(s) No. 1
MR SANJAY UDHWANI, ASSISTANT GOVERNMENT
PLEADER for the Respondent(s) No. 2,3
MR ASIM J PANDYA(542) for the Respondent(s) No. 1
MR HARSHIL C DATTANI(6241) for the Respondent(s) No. 4
MR PRINCE DUTTA for MR P P MAJMUDAR(5284) for the
Respondent(s) No. 4
======================================
CORAM: HONOURABLE THE CHIEF JUSTICE MRS.
JUSTICE SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 29/07/2026
ORAL JUDGMENT
(PER : HONOURABLE THE CHIEF JUSTICE MRS.
JUSTICE SUNITA AGARWAL)
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1. Having heard learned Counsels for the parties and
perused the record, we may note the submissions of Mr. A. V.
Nair, learned advocate for the appellant that in view of
insertion of Section 67A in the Gujarat Town Planning and
Urban Development Act’ 1976 (hereinafter referred to as ‘the
Act’ 1976’) by Gujarat Act No. 11 of 2014, notified on
28.07.2014 giving effect from 21.01.2015, the dispute with
regard to defining the shares of the joint holders and
demarcation of the areas that may be allotted to each one of
them, in the Final Plot, can very well be adjudicated by the
Committee constituted under Section 67A of the Act’ 1976.
For ready reference, Section 67 is reproduced hereinunder:-
“67A. [Manner of resolution of grievances after
sanctioning scheme. [Inserted by Gujarat Act No.
11 of 2014, dated 28.7.2014.]
(1) In case where the final plot is allotted in joint
ownership in the sanctioned preliminary or final scheme,
then on application being made to the Committee by any
of the joint owners, the Committee constituted under
sub-section (2) shall give a notice to all the concerned
and after giving them an opportunity of being heard,
shall with respect to such final plot define the share of
the joint holders and demarcate the area that may be
allotted to each of them.
(2) The committee shall consist of the following members,
namely:-
(i) the Secretary, Urban Development and Urban Housing
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Department, shall be the Chairman;
(ii) the Chief Town Planner, - Member Secretary, ex-
officio; and
(iii) any other member, appointed by the Chairman.
(3) The decision of the Committee in this regard shall be
deemed to be the part of the scheme sanctioned under
Sec. 65.]
2. We may note that the original petition has been filed by
one of the co-owners of Revenue Survey No. 323 paiki, which
was subject matter of Town Planning Scheme No. 10.
3. It is demonstrated before us by the learned Counsel for
the appellant - Rajkot Municipal Corporation that the Survey
No. 323 paiki was a big plot and along with other plots, such
as, Survey No.323/7 paiki, it was renumbered as Original Plot
No. 13/1, which was later redistributed into Final Plot Nos.
29, 30, 31, 32 and 33.
4. The redistribution form appended with the writ petition
itself as Annexure ‘A’ further indicates that there were several
co-owners of Survey No. 323 paiki, 323/7 paiki, which were
jointly renumbered as Original Plot No. 13/1. It may also be
noted that in some portion of Survey No 323 paiki, the name
of the State (Collector Rajkot) was also recorded and noted in
the redistribution form.
5. Be that as it may, the prayers made in the writ petition
are as under:
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(A) Your Lordships be pleased to issue a writ of
mandamus or a writ in the nature of mandamus or any
other appropriate writ, order or direction, directing the
respondent No.3 in particular to implement the Town
Planning Scheme No.10 qua original Revenue Survey
No.323 part being part of original plot No.13/1 of the
Town Planning Scheme No.10 as per the Town Planning
Scheme and as per the direction issued by respondent
No.2.
(B) 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, directing the
respondent authorities to hand over possession of the
final plot admeasuring 14638 sq meters.
(C) Pending admission, hearing and final disposal of
this petition, Your Lordships may be pleased to direct
the respondent No.3 authority to consider the
rd
communication dated 23 September, 2003 by the
respondent No.2 herein, decide the application dated
October 1, 2003 and implement the scheme in
accordance with law.
6. The original petitioner, thus, approached this Court to
issue mandamus to the Rajkot Municipal Corporation to
implement the Town Planning Scheme No.10 qua original
Revenue Survey No. 323 paiki, being part of Original Plot No
13/1 of the Town Planning Scheme No. 10, as per the
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directions issued by the Chief Town Planner.
7. The learned Single Judge having noted the submissions
of the Counsels for the parties and recording that in exchange
of Original Plot No. 13/1 in the Town Planning Scheme, Final
Plot Nos. 29, 30, 31, 32 and 33, total admeasuring 61,028
square meters have been allotted and that the Original Plot
No. 13/1 would also include the land belonging to the
petitioner, has issued direction to the Corporation in the
following manner:-
9. Hence, the following directions:-
1) The respondents shall implement, either in full or in
part, the town planning scheme no.10 for proportionate
allotment from the final plot nos. 29,30,31,32 and 33 to
the petitioner together with the other co-owners who
were holding 20,942 sq. mtr. of land within a period of
one month from today.
2) It is also observed and directed that in the event it is
not possible for the implementing authority, i.e., the
Corporation, it will be for the Corporation to examine
the matter in light of the observations made hereinabove
and to submit the proposal for variation of the scheme
within two months therefrom.
3) If such proposal is moved to the State Government by
the Corporation, the State Government shall decide the
same within a period of three months from the receipt of
such proposal.
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4) Until the town planning authority is in a position to
implement the scheme by handing over the possession of
final plot in proportion to the original holding of the
petitioner in the original plot, it would be open for the
petitioner to retain the possession of the original plot.
However, the status quo shall also be maintained by the
petitioner.”
8. It is sought to be argued by Mr. A.V. Nair, learned
advocate for the petitioner that for the fact that there being
several co-owners of the Survey Number 323 paiki, which
were consolidated and given Original Plot No. 13/1 in the
Town Planning Scheme, and further, five Final Plots were
carved out as a result of the redistribution process, there
would be a requirement of identification of shares of each of
the co-owners and demarcation of the area that may be
allotted to each one of them.
9. This process can very well be taken care of in
accordance with the provisions of Section 67A of the Act’
1976 and the implementation of the Town Planning Scheme
No. 10 would be a smooth process. There may not be any
requirement of seeking variation in the Town Planning
Scheme because of the only dispute being about the
demarcation of the shares of each of the co-owners.
10. We may note that apart from the original petitioner, who
is impleaded as respondent No.1 herein, there are other
private persons who were later joined at the stage of appeal.
There is one Civil Application pending for joining party of a
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person who claims to be the co-owner.
11. For the fact that the only issue before us is about
implementation of the Town Planning Scheme for Survey No.
323 paiki, part of Original Plot No. 13/1 of the Town Planning
Scheme No. 10, we do not find any good ground to enter into
any individual claim of any of the respondents herein.
12. In the ends of justice, we find it fit and proper to dispose
of the present appeal, while modifying the directions
contained in the judgment and order dated 06.02.2013 passed
by the writ Court, in the following manner:-
(i) The original petitioner – respondent No.1 and other co-
owners of the plot in question, including the private
respondents herein, who claim to be co-owner of the Survey
No.323 paiki, part of original plot No.13/1, shall approach the
Secretary, Urban Development and Urban Housing
Department, who is the Chairman of the Committee
constituted under sub-section (2) of Section 67A of the Act’
1976.
(ii) On receipt of the application of any one of the co-owner,
it would be open for the Secretary, Urban Development and
Urban Housing Department, the Chairman of the Committee
to place the matter before the Committee and proceed to take
a decision pertaining to defining the shares of the joint
holders and demarcate the area that may be allotted to each
one of them, by strictly adhering to the procedure provided in
sub-section (1) of Section 67A of the Act’ 1976 after due
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notice and opportunity to all concerned, i.e. all the co-owners
of the land in question including the Rajkot Municipal
Corporation, the local authority.
13. Further, we may note that Mr. Asim Pandya, learned
advocate has filed appearance on behalf of respondent No.1.
Mr. P.P. Majmudar, learned advocate appears for respondent
No.4 and in the application seeking for joining party by one of
the person claiming to be the co-owner, Mr. Pratik Y. Jasani,
learned advocate appears. On the submission made by Mr.
Prince Dutta holding brief of Mr. P.P. Majmudar, learned
advocate for the respondent No.4, we provide that the original
petitioner/respondent No.1 herein or any of the co-owners of
the land in question may also file an application alongwith the
copy of this order within a period of two weeks from today
before the Secretary, Urban Development and Urban Housing
Department, the Chairman of the Committee constituted
under sub-section (2) of Section 67A of the Act’ 1976. On
such an application being received, the proceedings shall be
conducted strictly in accordance with the law, keeping in
mind the directions given hereinabove and the entire exercise
shall be completed, as expeditiously as possible, preferably
within a period of two months from the date of receipt of the
application.
14. It needs no clarification that this Court has not entered
into the merits of the case of any of the claimant/original
petitioner/respondents herein and independent examination
with regard to the share of each of the co-owner shall be
made by the concerned Committee.
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15. With the above, the appeal stands disposed of.
Connected Civil Application would not survive and shall stand
disposed of accordingly.
(SUNITA AGARWAL, CJ.)
(D.N.RAY, J.)
siji
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