AIR 2000 GUJARAT 292

Gujarat High Court

Hon'ble Judge(s): K. M. Mehta , J

(A) Gujarat Town Planning and Urban Development Act (27 of 1976) , S.68— Gujarat Town Planning and Urban Development Rules (1979) , R.33— Town Planning Scheme - Final Scheme sanctioned and published by Govt. - Further notice need not be issued by Town Planning Officer in that behalf - Injunction for restraining authorities from taking possession of land in question on ground of absence of notice to person claiming to be in possession of land - Cannot be issued by Court as Court cannot change or modify final Scheme - Injunction also cannot be issued as Corporation is entitled to adopt, enact and construct public project. Civil P.C. (5 of 1908) , O.39 R.1— (Para 27) (B) Gujarat Town Planning and Urban Development Act (27 of 1976) , S.68— Gujarat Town Planning and Urban Development Rules (1979) , R.33— Eviction - Procedure for - Town Planning Scheme - Finalisation of - Notice for eviction given to owner of land in question - Person claiming to be tenant of @page-Guj293land in question not in possession or occupier of the land on date of finalisation of Scheme - Name of such person not appearing in any public record on that date - He is not entitled to any notice before eviction. (Para 29) ....