C/CA/2178/2026 ORDER DATED: 02/07/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2178 of 2026 In R/MISC. CIVIL APPLICATION/1641/2026 In R/SPECIAL CIVIL APPLICATION/356/2004 With R/MISC. CIVIL APPLICATION NO. 1641 of 2026 In R/SPECIAL CIVIL APPLICATION NO. 356 of 2004 ================================================================ JAGDISHBHAI LAKHUBHAI PATEL Versus STATE OF GUJARAT & ORS. ================================================================ MR. MIHIR THAKORE, SENIOR ADVOCATE with MS DELSHAD A KAPADIA(10238) for the Applicant(s) No. 1 MS. HETAL PATEL, ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1,2 MR DHAVAL G NANAVATI(2578) for the Respondent(s) No. 3 MR KAUSHAL D PANDYA(2905) for the Respondent(s) No. 4 ================================================================ CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY Date : 02/07/2026 ORAL ORDER (PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL) 1. Heard Mr. Mihir Thakore, learned Senior Counsel for the review applicant and perused the record. At the outset, we may note that the to the delay in filing application seeking recall/review of the judgment and order dated 09.07.2025, there is no serious objection. 2. Further, noticing the fact the applicant has filed the C/CA/2178/2026 ORDER DATED: 02/07/2026 present review application after dismissal of the Special Leave Petition vide order dated 21.11.2025 passed by the Apex Court against the final judgment and order dated 09.07.2025 (subject matter of review), the delay in filing the review application is hereby condoned. Office is directed to allot the regular number to the review application. 3. Coming to the merits of the review application, the submissions of the learned Senior Counsel for the review applicant are twofolds. The first contention is that the Draft Town Planning Scheme was sanctioned by the State Government on 25.06.1996, whereunder an area of 379 sq. mtrs. was reserved for T. P. Road and, thus, vested with the Corporation/local authority by virtue of Section 48A of the Gujarat Town Planning and Urban Development Act, 1976. With the vesting being absolute in the appropriate authority free from all encumbrances under Section 48A of the Act, 1976, there was no question of acquisition of the same area for the same purposes. However, the notifications under Sections 4 and 6 were published in the year 1997 onwards, subsequent to the sanction of the Draft T. P. Scheme by the State Government on 25.06.1996 and the land acquisition C/CA/2178/2026 ORDER DATED: 02/07/2026 award dated 31.08.2000 came to be passed with respect to the acquired area. 4. The contention is that the petitioner is entitled for adjustment of an area of 379 sq. mtrs., reserved for the T. P. Road under the Draft Town Planning Scheme, as per the Gujarat Town Planning Act, 1976. However, instead of giving the benefits of the Town Planning Act for the area carved out as T. P. Road, in an illegal manner, the same area was acquired under the Land Acquisition Act, 1894 resulting into denial of the adjustment of the said area under the Town Planning Scheme. 5. This submission deserves to be rejected outrightly for the simple reason that it was not pressed before the writ Court in the first round of hearing, when the matter was heard and judgment and order dated 09.07.2025 was dictated in the open Court. 6. Moreover, the statement made in the writ petition that the petitioner had purchased an area of 1240 sq. mtrs. forming part of the original plot No. 42 (New No. 31/1 paiki) could not be substantiated by the petitioner, as noted in the C/CA/2178/2026 ORDER DATED: 02/07/2026 judgment under review, by bringing on record the sale-deed dated 11.04.2000, executed in favour of the petitioner. The petitioner being a subsequent purchaser was required to disclose the interest acquired by him over the land in question by virtue of the document of transfer of title to him. 7. It is categorically recorded in the judgment under review that in the absence of the sale deed executed in the name of the petitioner, it is not possible for the Court to ascertain the exact area/boundaries of the plot in question which was purchased by the petitioner. Such a disclosure was incumbent to deal with the contention of the petitioner for the benefits of the Town Planning Scheme for the entire area of the Original Plot No. 42. Further, in the judgment under the review, it is categorically recorded that the writ petition has been filed by concealment of material facts and during the pendency of the writ petition, the petitioner had sold the Final Plot No. 103 admeasuring 431 sq. mtrs. in favour of a third (3rd) party vide sale deed dated 21.07.2018, in violation of the interim order dated 04.07.2005 whereby this Court has directed the parties to maintain status quo regarding the land in question. For the above reasons, the submissions made by the learned Senior C/CA/2178/2026 ORDER DATED: 02/07/2026 Counsel for the review applicant based on the decision of the Apex Court in the case of State of Gujarat V/s. Shantilal Mangaldas and Others, cannot be appreciated. 8. As regards the second submission about the area of 430 sq. mtrs. of Revenue Survey No. 31/1/paiki (Original Plot No. 88) having not been included in the boundaries of the T. P. Scheme No. 7, suffice it to note that the same has already been dealt with in the judgment under review. It is settled law that rehearing in the shape of review is impermissible. 9. In the end, having already reached at the conclusion that the writ petition is full of contradictory statements and misleading facts, we do not find it a fit case for review, on the legal arguments made by the learned Senior Counsel based on the decision of the Apex Court in the case of State of Gujarat V/s. Shantilal Mangaldas and Others. 10. With the above, the review application stands dismissed. No order as to costs. (SUNITA AGARWAL, CJ ) (D.N.RAY,J) VARSHA DESAI Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: VARSHABEN VAGHAJIBHAI DESAI(HC01393), PRIVATE SECRETARY, at High Court of Gujarat on 06/07/2026 13:24:09