C/LPA/285/2023 JUDGMENT DATED: 09/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 285 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 22042 of 2022
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
In
R/LETTERS PATENT APPEAL NO. 285 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE
A.J.DESAI
and
HONOURABLE MR. JUSTICE BIREN VAISHNAV
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1 Whether Reporters of Local Papers may be allowed to No
see the judgment ?
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy of the No
judgment ?
4 Whether this case involves a substantial question of law No
as to the interpretation of the Constitution of India or
any order made thereunder ?
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NIPESH S/O GANESH PREMUBHAI GARANGE
Versus
STATE OF GUJARAT
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Appearance:
MS MEGHA JANI(1028) for the Appellant(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,3
2,33,34,35,36,37,38,39,4,40,41,42,5,6,7,8,9
MS SHRUNJAL SHAH, ASSISTANT GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
MR KAMAL TRIVEDI, ADVOCATE GENERAL WITH
MR SATYAM Y CHHAYA(3242) for the Respondent(s) No. 2
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C/LPA/285/2023 JUDGMENT DATED: 09/03/2023
CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR.
JUSTICE A.J.DESAI
and
HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 09/03/2023
ORAL JUDGMENT
(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE A.J.DESAI)
1. By way of present appeal under Clause 15 of the Letters Patent, the original petitioner has challenged a CAV Judgment dated 27.2.2023 passed by the learned Single Judge in Special Civil Application No.22042 of 2022.
2. Heard Ms. Megha Jani, learned advocate for the appellant and Mr.Kamal Trivedi, learned Advocate General appearing for Mr. Satyam Chhaya, learned advocate for the respondent corporation.
3. Affidavit-in-Reply has been filed by Deputy Estate Estate Officer, North Zone, Ahmedabad Municipal Corporation on 5.3.2023. Another Affidavit-in-Reply is also filed today, i.e. on 9.3.2023. It has been specifically stated that the corporation is ready and willing to give alternate place to those persons whose houses/shops are likely to be removed for widening of the road Page 2 of 4 Downloaded on : Thu Mar 09 20:50:15 IST 2023 C/LPA/285/2023 JUDGMENT DATED: 09/03/2023 and the same would be provided as per the scheme, i.e. 'Regulations for the Rehabilitation and Redevelopment of the Slums 2010'. In paragraphs 2 and 3 of the affidavit, the Deputy Estate officer has categorically stated as under:
"2. It is submitted that as per the prevailing policy of 2010 i.e. 'Regulation for Rehabilitation and Redevelopment of Slums, 2010' (hereinafter referred to as 'the policy of 2010'), the case of the petitioners would fall within the definition of 'beneficiary' as 'project affected person'. Copies of the policy of 2010 as well as amendment thereto are annexed hereto and marked as Annexure-R-I Collectively to the further affidavit. The conjoint reading of the definition of 'beneficiary' and 'project affected person' along with the resolution dated 3.1.2011 (amendment to the policy), it would reveal that if the petitioners are in a position to submit two documents out of four, as referred to above, showing their occupation at site on or before 1.12.2010, their case would be considered for grant of alternative accommodation subject to conditions of Scheme, 2010 and provided that such petitioner is falling with the criteria. Such documents are (i) copy of ration card;
(ii) copy of electricity bill; (iii) proof of being included in the electoral rolls and (iv) any other proof as decided by the prescribed authority.
3. At the cost of repetition, it is submitted that if the residential unit of any of the petitioners is falling within the criteria of policy of 2010 and if the petitioners fall within the criteria of policy of 2010, their case would be considered for grant of alternative accommodation in tune with the prevailing policy as referred to above. However, on that count, the petitioners who have illegally constructed their units upon the TP road, cannot be permitted to stall the implementation of the TP road which is very essential for giving proper connectivity to the surrounding area, covering benefit in favour of public at large. It is submitted that it is important to mention here that now, even the preliminary TP Scheme got it sanctioned under Section 65 of the Gujarat Town Planning and Urban Development Act, 1976 and the alignment of 18 mtrs. TP road is not changed in comparison to its alignment in tune with the sanctioned draft TP Scheme. It crave liberty to file other and further affidavit as and when it is necessary."Page 3 of 4 Downloaded on : Thu Mar 09 20:50:15 IST 2023
C/LPA/285/2023 JUDGMENT DATED: 09/03/2023
4. Mr. Kamal Trivedi, learned Advocate General appearing for the corporation, on instructions, states that those persons, who would be entitled for alternate accommodation, shall not be removed from the place till they are offered accommodation and thereafter for a period of two weeks.
5. The original petitioners may apply to the corporation for alternate accommodation along with necessary documents which are referred in paragraphs 2 and 3 of the affidavit and if necessary, as stated in the scheme, the corporation shall do the needful in accordance with law.
6. In case of any difficulty, it would be open for the original petitioners to revive this appeal.
7. In view of the above and without examining the merits of the case, we dispose of this appeal. Civil application does not survive and is accordingly disposed of.
(A.J.DESAI, ACJ) (BIREN VAISHNAV, J) Bharat Page 4 of 4 Downloaded on : Thu Mar 09 20:50:15 IST 2023