SCA/12079/2007 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 12079 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE M.S.SHAH HONOURABLE MR.JUSTICE RAVI R.TRIPATHI ========================================================= 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 ? ========================================================= NAREJA ISMAIL ALIMAMAD - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : MR EE SAIYED for Petitioner(s) : 1, MS.SANDHYA NATANI, ASST GOVERNMENT PLEADER for Respondent(s) : 1, DS AFF.NOT FILED (N) for Respondent(s) : 1 - 2. MR AMAR D MITHANI for Respondent(s) : 3, MR JASWANT K SHAH for Respondent(s) : 3, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.S.SHAH and HONOURABLE MR.JUSTICE RAVI R.TRIPATHI Date : 13/02/2008 SCA/12079/2007 2/3 JUDGMENT ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE M.S.SHAH) Rule. Service of rule is waived by Ms.Sandhya Natani, learned Assistant Government Pleader on behalf of respondent nos.1 and 2; and Mr.Amar D. Mithani, learned advocate on behalf of respondent no.3. 2. Mr.E.E. Saiyed, learned advocate for the petitioner states that the offending construction on Jaimal Chowk Road, i.e. on the northern side of Final Plot No.394 shall be removed by the petitioner within two weeks from today. Mr.Saiyed, however, submits that the part of the Madrasa, which is on the S.T. Station Road on the south of Final Plot No.394 is required to be preserved and that since that would necessiate variation of the relevant portion of the Town Planning Scheme, the petitioner will make an application to the State Government for variation in the Town Planning Scheme. 3. Having heard the learned advocates for the parties, we dispose of this petition in terms of the following directions : (i) The petitioner shall demolish the offending construction on Jaimal Chowk Road on the northern side of Final Plot No.394 by 29th February 2008. (ii) It will be open to the petitioner to make an application to the State Government for variation of the relevant portion of the SCA/12079/2007 3/3 JUDGMENT Town Planning Scheme, for permitting the petitioner to retain the construction in the form of Madrasa on the southern portion of Final Plot No.394 which is on S.T. Station Road. The petitioner will be at liberty to make such an application to the State Government either for variation of the relevant portion of the Town Planning Scheme or for regularisation of the construction of Madrasa. (iii) It will also be open to the petitioner to place before the State Government measurements of the relevant Survey Nos. being Survey Nos.519 to 522 (total 787.08 square meters) as made by the City Survey Superintendent, respondent no.2 herein. (iv) Till the State Government decides the petitioner's application, the Madrasa or any part thereof shall not be demolished provided the petitioner removes the offending construction on the north of Final Plot No.394. 4. The Special Civil Application stands disposed of accordingly. Rule is made absolute to the aforesaid extent only. No order as to cost. (M.S. SHAH, J.) (RAVI R. TRIPATHI, J.) karim