SCA/1242720/2002 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 12427 of 2002 For Approval and Signature: HONOURABLE MR.JUSTICE AKIL KURESHI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= SHRENIKBHAI KASTURBHAI - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : (MR PV NANAVATI) for Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6,1.2.7 MR VIBHUTI NANAVATI for Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6,1.2.7 MS REETA CHANDARANA, AGP for Respondent(s) : 1, MR RM CHHAYA for Respondent(s) : 2 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE AKIL KURESHI Date : 02/12/2008 ORAL JUDGMENT Petitioner is a public charitable trust. The petitioner has filed this petition praying for the SCA/1242720/2002 2/4 JUDGMENT following substantive reliefs:- “15. In the aforesaid premises, the petitioners pray that Your Lordships may be pleased to: (A) admit this petition; (B) issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India against the respondent Nos.2 and 3 directing them to deliver and put the trustees of the petitioner's trust in actual, vacant and peaceful possession of final plot Nos.242 and 416 allotted to them under the Town Planning Scheme No.28 (New Wadaj), Ahmedabad after removing the unauthorized structures, encroachments and other structures on the said final plot Nos.242 and 416 in accordance with law; OR IN THE ALTERNATIVE if the respondent Nos.2 and 3 are unable or express their inability to deliver and put the trustees of the petitioner-trust in actual, vacant and peaceful possession of final plot Nos 242 and 416 allotted to them under the Town Planning No.28 (New Wadaj), Ahmedabad after removing the unauthorized structures, encroachments and other structures on the said final plot Nos.242 and 416 in accordance with law, direct the respondents to pay to the SCA/1242720/2002 3/4 JUDGMENT petitioners the present price of the land, and further the respondents to pay to the petitioner the compensation till the actual, peaceful and vacant possession is not handed over to the petitioners; (C) grant any such other and further reliefs as the Honourable Court may deem fit and proper in the interest of justice;” 2. Respondents have not filed any affidavit since most of the facts are not seriously in dispute. It is not in dispute that though the petitioner trust was allotted final plot Nos.242 and 416 under the Town Planing Scheme No.28 of Nava Wadaj, Ahmedabad in lieu of the land originally held by them, the authorities have not been able to hand over vacant possession of the said plots on account of various reasons. Thus the Town Planning Scheme qua the petitioner has remained unimplemented. 3. Learned advocate Shri Rashmin Chhaya appearing for respondent Nos.2 & 3 i.e. Ahmedabad Municipal Corporation and its Officer stated under instructions that in final plot Nos.242 there is a temple and school in existence and in plot No.416, there are large number of hutment dwellers and on account of these reasons, the authorities could not hand over the vacant possession of the said plots to the petitioner. SCA/1242720/2002 4/4 JUDGMENT 4. Whatever be the practical difficulties in implementing the scheme, the petitioner cannot be denied the benefits of his own properties indefinitely. It is the responsibility of respondent No.2 to either implement the scheme by handing over vacant possession of the final plots allotted to the petitioner or pay compensation for the land lost by the petitioner. The only other choice available with the respondents would be to go for variation of the scheme if so advised. In any case, the same should be done sufficiently expeditiously. 5. In the circumstances, the respondents particularly respondent Nos.2 & 3 are directed to either implement the Town Planning Scheme qua the petitioner or, if so advised, take steps to vary the Town Planning Scheme. In either case, necessary procedure shall be completed expeditiously and in any case by 31st December 2009. 6. With the above directions, the petition is disposed of. Rule is made absolute in above terms. (Akil Kureshi, J.) (vjn)