The plot holders challenged the decision of the Town Planning Officer, inter alia, on the ground that the Rules of Natural Justice were number companyplied with and an opportunity as envisaged under the Act was number afforded to them.
The State of Gujarat challenged the remand order of the Appellate Authority by way of writ petition Under Article 226 of the Constitution of India before the Gujarat High Court.
Thereafter a Town Planning Officer was appointed under the Act to hear the objections filed by the plot holders and persons affected by the proposals in the draft scheme.
A Division Bench of the High Court dismissed the writ petition on December 23, 1971, This appeal by the State of Gujarat is against the judgment of the High Court.
The Appellate Authority accepted the companytention of the plot holders and remanded the case to the Town Planning Officer for fresh decision after affording full opportunity to the plot holders.
Municipal Committee, Anand framed a draft scheme under the Bombay Town Planning Act, 1954 The Act and the Bombay Planning Rules, 1955 The Rules .
The draft scheme was sanctioned by the Government on September 19, 1966.
The objections were invited by the Town Planning Officer from individual plot holders and affected persons.
The Town Planning Officer finalised the scheme under the Act by giving an award dated February 11, 1969.
Appeal from the award of the Town Planning Officer under the Act lies to the Board of Appeals companystituted under the Act.
