IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 2812 of 2003 For Approval and Signature: HON'BLE MR.JUSTICE A.R.DAVE ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- HEMSINH C. CHAUDHARY Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 2812 of 2003 MR NV ANJARIA for Petitioner No. 1-11 MR SN SHELAT, A.G. with MS MAITHILI MEHTA, A.G.P for Respondent No. 1-3 (MR DN PATEL) for Respondent No. 2 MR TH SOMPURA for Respondent No. 2 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE A.R.DAVE Date of decision: 01/09/2004 ORAL JUDGEMENT 1. RULE. Service of rule is waived by learned A.G.P. Ms Maithili Mehta for respondents nos. 1 and 3 any by learned advocate Shri Sompura for respondent no. 2. At the request of the learned advocates, the petition is finally heard today. 2. During the pendency of the petition, the parties to the litigation have arrived at an amicable solution, whereby the parties have agreed as under: 3. On Final Plot No. 123, which admeasures 219.89 sq meters, Kailash Chambers have been built on 70 sq meters of land. Respondent no. 2 shall provide land at the relocation site to the extent to which the occupants of the chambers are deprived of their original holding. 4. Petitioners nos. 1, 2, 5, 8 and 10 - (Shri Hemsinh C. Chaudhary, Smt. Maltiben Arvinddbhai Antani, Shri Manojbhai H. Khatri, Smt. Chandrikaben Sonagala, Shri Kiritkishore Mukumdchandra Vaidya) and Shri Vallari V. Pathak shall apply to respondent no. 2 authority for allotment of plots at the market price at any of the relocation sites, where there are vacant plots, and the authority shall consider sympathetically to allot plots to them at the market price, in accordance with its policy. 5. Petitioner no. 11, Shri Rakshak Arvindbhai Antani, if he applies for a shop in the shopping complex at Mudra relocation site, his application shall be considered on priority basis in accordance with the policy laid down by the respondent authority i.e. Bhuj Urban Development Authority at the price, which might be fixed in accordance with its policy. 6. Petitioner no. 9, Shri Shaileshgiri Shyamgiri Goswami and Harilal J. Khatri, if they apply for a shop at RTO relocation site, their applications shall be considered on priority basis and they shall be allotted shops at the price to be determined by the authority in accordance with its policy. 7. If petitioner no. 7, Shri Bankimbhai Harilal Khatri applies for a plot adjacent to Kailesh Chambers at the market price, his application shall be considered on priority basis in accordance with the policy of the respondent authority. 8. In respect of remaining 70 sq meters of land of Final Plot No. 123 of Town Planning Scheme No. 1, the occupants of ground floor and the first floor and petitioners nos. 3, 4 and 6 - (Shri Pravin Mavji Hirani, Gunvatiben Maheshchandra Savla and Shri Bhuvaneshbhai Thakkar) and Shri Manji S. Kerai and Shri Arvind Mavji Hirani shall apply for prior approval for the construction plan for ground floor and first floor in accordance with the GDCR. 9. If the owners and occupants of the flats of Kailash Chamber i.e. Shri Premji Harji Bhudiya, Shri Mavji Harji Bhudiya and Shri Piyush Dhirajlal Thakkar apply for shops at the shopping complex at the relocation site, their applications shall be considered jointly on priority basis in accordance with the policy of the respondent authority. 10. The petitioners and holders of plots and the owners of the property shall be entitled to compensation in accordance with decision of the Board of Appeal. The compensation as fixed by the Town Planning Officer shall be paid to them in proportion of their rights, on their application to the Town Planning Officer. 11. The property of Kailash Chambers is at present vacant and the respondents will be entitled to demolish the said property, which now falls within the road line. 12. Looking to the fact that the parties to the litigation have settled the matter in the aforesaid terms, the parties are directed to act as per the aforestated agreement arrived at among themselves. 13. Learned advocate Shri Anjaria appearing for the petitioners has placed on record a copy of letter received by him from the petitioners, which has been duly signed by them stating the fact that they have agreed to the aforesaid arrangement. 14. The petitioners shall hand over posession of Kailash Chambers within a period of one week from today. 15. In view of the above settlement arrived at among the parties, the petition is disposed of as allowed. Rule is made absolute to the above extent with no order as to costs. Ad-interim relief granted earlier stands vacated. Direct service is permitted. (A.R. DAVE, J.) siji