Case Note & Summary
The petitioners, owners of Survey No.4229 admeasuring 41.99 sq.mtrs with a residential building opposite Municipality Office, Anjar-Kachchh, filed a petition under Article 226 of the Constitution challenging the inclusion of their property in Town Planning Scheme No.1, Anjar-Kachchh. They sought a declaration that the proposal treating their property as part of the scheme was illegal and suffered from error of law and fact, and sought permanent restraint against displacement. The petitioners relied on a report from the City Survey Superintendent dated 06.10.2007 which admitted the mistake. The court, after hearing the parties, found that the inclusion was erroneous and directed the respondents to rectify the mistake and consider variation of the scheme. The judgment was delivered by Justice Niral R. Mehta on 11/02/2026, allowing the petitions with directions to the respondents to act in accordance with law.
Headnote
A) Town Planning - Inclusion of Property in Scheme - Error of Law and Fact - Petitioners' property was wrongly included in Town Planning Scheme No.1, Anjar-Kachchh despite a report from the City Survey Superintendent dated 06.10.2007 admitting the mistake - Court held that the inclusion was illegal and directed the respondents to rectify the error and consider variation of the scheme (Paras 2-3).
Issue of Consideration
Whether the inclusion of the petitioners' property in Town Planning Scheme No.1, Anjar-Kachchh is illegal and suffers from error of law and fact, and whether the respondents can be directed to rectify the mistake and vary the scheme.
Final Decision
The court allowed the petitions, declaring the inclusion of petitioners' property in Town Planning Scheme No.1, Anjar-Kachchh as illegal and suffering from error of law and fact. The respondents were directed to rectify the mistake and consider variation of the scheme in accordance with law.
Law Points
- Town Planning Scheme
- Mandamus
- Variation of Scheme
- Error of Law
- Error of Fact
- Natural Justice
Case Details
2026 LawText (GUJ) (02) 724
R/SPECIAL CIVIL APPLICATION NO. 29740 of 2007 with R/SPECIAL CIVIL APPLICATION NO. 29747 of 2007
MR ASHISH M DAGLI, MR ANSHIN H DESAI, MS AISHWARYA CHAUDHARY, MR NIKHILESH J SHAH
Babubhai Punjabhai Rathod & Anr.
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Nature of Litigation
Civil writ petition challenging inclusion of property in Town Planning Scheme.
Remedy Sought
Declaration that inclusion of property in Town Planning Scheme No.1, Anjar-Kachchh is illegal; permanent injunction against displacement; direction to rectify mistake and vary scheme.
Filing Reason
Petitioners' property was wrongly included in Town Planning Scheme despite a report admitting the mistake.
Issues
Whether the inclusion of petitioners' property in Town Planning Scheme No.1, Anjar-Kachchh is illegal and suffers from error of law and fact?
Whether the respondents can be directed to rectify the mistake and vary the scheme?
Submissions/Arguments
Petitioners argued that their property was wrongly included in the Town Planning Scheme as per the report of City Survey Superintendent dated 06.10.2007 which admitted the mistake.
Respondents did not contest the mistake but opposed the relief.
Ratio Decidendi
The inclusion of property in a Town Planning Scheme without following proper procedure and based on an admitted mistake is illegal and liable to be set aside. The court can direct rectification and variation of the scheme under Article 226.
Judgment Excerpts
Since the issue involved in both the petitions are similar, they are taken up today for final hearing with the consent of learned advocates appearing for the respective parties, by treating the Special Civil Application No.29740 of 2007 as a lead matter.
By way of this petition under Article 226 of the Constitution of India, the petitioners have approached this Court for the following reliefs...
Procedural History
The petitions were filed in 2007 and taken up for final hearing on 11/02/2026. Both petitions were heard together with consent, treating SCA 29740/2007 as lead matter.
Acts & Sections
- Constitution of India: Article 226
- Gujarat Town Planning and Urban Development Act, 1976:
