NEUTRAL CITATION
C/LPA/1290/2022 CAV JUDGMENT DATED: 10/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1290 of 2022
In R/SPECIAL CIVIL APPLICATION NO. 14698 of 2016
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
In R/LETTERS PATENT APPEAL NO. 1290 of 2022
With
R/SPECIAL CIVIL APPLICATION NO. 14428 of 2019
With
CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 14428 of 2019
With
CIVIL APPLICATION (FOR AMENDMENT) NO. 1 of 2022
In R/SPECIAL CIVIL APPLICATION NO. 14428 of 2019
With
CIVIL APPLICATION (FOR MODIFICATION OF ORDER) NO. 2 of 2022
In R/SPECIAL CIVIL APPLICATION NO. 14428 of 2019
With
CIVIL APPLICATION (FOR DIRECTION) NO. 2 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 14428 of 2019
With
R/LETTERS PATENT APPEAL NO. 468 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 14698 of 2016
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
In R/LETTERS PATENT APPEAL NO. 468 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 14698 of 2016
FOR APPROVAL AND SIGNATURE:
HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL
sd/-
and
HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE sd/-
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1 Whether Reporters of Local Papers may be allowed No to see the judgment ?
2 To be referred to the Reporter or not ? No Page 1 of 25 Downloaded on : Sat Nov 11 20:40:50 IST 2023 NEUTRAL CITATION C/LPA/1290/2022 CAV JUDGMENT DATED: 10/11/2023 undefined 3 Whether their Lordships wish to see the fair copy No of the judgment ?
4 Whether this case involves a substantial question No of law as to the interpretation of the Constitution of India or any order made thereunder ?
========================================================== MOHINIBEN SURENDRASINH CHAUHAN Versus NIDHI CO OPERATIVE HOUSING SOCIETY LTD ========================================================== Appearance:
MR. M.B. GANDHI, SENIOR ADVOCATE WITH MR CHINMAY M GANDHI(3979) for the Appellant(s) No. 1,10,11,12,13,14,15,16,17,18,19,2,20,21,3,4,5,6,7,8,9 MR. UTKARSH SHARMA, AGP for the Respondent(s) No. 2,3 MR ADIL R MIRZA(2488) for the Respondent(s) No. 4 MR. MIHIR JOSHI, SENIOR ADVOCATE WITH MR DEEP D VYAS(3869) for the Respondent(s) No. 5 MR. PRASHANT G. DESAI, SENIOR ADVOCATE WITH MR RUTUL P DESAI(6498) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 10/11/2023 COMMON CAV JUDGMENT (PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. This bunch of Appeals are arising out of the judgment and order dated 08.06.2022 passed by the learned Single Judge in Special Civil Application No. 14698 of 2016, filed by Nidhi Co-operative Housing Society Ltd. (hereinafter referred to as 'the Nidhi Cooperative Society' for short), Page 2 of 25 Downloaded on : Sat Nov 11 20:40:50 IST 2023 NEUTRAL CITATION C/LPA/1290/2022 CAV JUDGMENT DATED: 10/11/2023 undefined seeking for following reliefs : -
"[A] THIS HONOURABLE COURT may be pleased to issue a writ of mandamus or a writ in the nature of mandamus and/or any other appropriate writ, order or direction and may be pleased to direct the respondent No. 2 AUDA to implement the - Resolution dated 2.1.2010 in its true spirit and thereby allot the vacant land admeasuring 4645 sq. meters from Final Plot No.100-P to the petitioner;
AND/OR IN THE ALTERNATIVE [A] THIS HONOURABLE COURT may be pleased to direct the respondent No. 3- Authority to implement the Town Planning Scheme No.1 qua final plot No.65 as directed earlier by this Honourable Court in Special Civil Application No. 12749 of 2003, which is confirmed up to the Honourable Supreme Court, and to hand over peaceful and vacant possession of land admeasuring 4645 sq. meters of Final Plot No.65;
[B] Pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to direct the respondent - AUDA, to forthwith reply to the Ahmedabad Municipal Corporation instructing them with respect to the land bearing Final Plot No 100-P, T.P. Scheme (Thaltej) No.2 (Varied); qua land admeasuring 5675 sq. meters which is vacant land and ear-marked in the map (Annexure-N) from creating any encumbrances or any third party right in respect of the said vacant land, which is allotted to the petitioner-society.
[C] Any or and further relief or reliefs to which this Hon'b Court deemed fit in the interest of justice, may kindly be granted.
2. Letters Patent Appeal No. 468 of 2023 has been filed by Ahmedabad Municipal Corporation, whereas Letters Patent Appeal No. 1290 of 2022 has been filed by 21 persons Page 3 of 25 Downloaded on : Sat Nov 11 20:40:50 IST 2023 NEUTRAL CITATION C/LPA/1290/2022 CAV JUDGMENT DATED: 10/11/2023 undefined claiming to be members and residents of Snehanjali Co- operative Housing Society Ltd., Gulab Tower Road, Thaltej, Ahmedabad (hereinafter referred to as 'the Snehanjali Cooperative Society' for short).
3. The connected Special Civil Application No. 14428 of 2019 has been filed by the appellants in Letters Patent Appeal No. 1290 of 2022 along with others namely the members and residents of Snehanjali Cooperative Society. The prayers made in the said writ petition are relevant to be noted hereinunder : -
"A) This Hon'ble Court may be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction in the nature of mandamus and be pleased to hold and declare that notices given to present petitioners by respondent No.1 AMC dated 02.08.2019 produced at Annexure be declared as illegal and void and the same be quashed and set- aside.
B) This Hon'ble Court may be pleased to issue appropriate direction to respondents herein to carry further the progress of settlement and the resolution passed by the AUDA for regularizing the land of the petitioner society and giving over the land from F.P. No. 100 to Nidhi Cooperative Society.
C) Pending admission, hearing and/or final disposal of this petition, this Hon'ble Court may be pleased to stay the execution, operation and implementation of notices dated 02.08.2019 (Annexure-H) and construction the standing on possession and F.P. No.65 be protected."Page 4 of 25 Downloaded on : Sat Nov 11 20:40:50 IST 2023
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4. As the issue raised in the said writ petition have a bearing and are directly related to the issues involved in the aforesaid appeals before us, we have summoned the record of Special Civil Application No. 14428 of 2019 with the consent of the learned advocates for the parties. All the above noted cases pertain to the same controversy, they have been heard together and are being decided by this common judgment.
5. The facts, in brief, relevant to decide the controversy at hands are that in the Town Planning Scheme (Thaltej) No. 1, sanctioned by the State Government under Section 65 of the Gujarat Town Planning and Urban Development Act, 1976 (hereinafter referred to as 'the Act, 1976), the land bearing Final Plot No. 65 admeasuring 4645 sq. mtrs. was given to Nidhi Cooperative Society, who was the original petitioner before the Writ Court. It is case of the original petitioner that the land bearing Survey No. 89 admeasuring 19627 sq. mtrs., Survey No. 109 admeasuring 12642 sq. mtrs., Survey No. 110/1 admeasuring 7588 sq. mtrs., Survey No. 110/2 Page 5 of 25 Downloaded on : Sat Nov 11 20:40:50 IST 2023 NEUTRAL CITATION C/LPA/1290/2022 CAV JUDGMENT DATED: 10/11/2023 undefined admeasuring 7588, village Thaltej, Taluka Daskroi, District Ahmedabad were forming part of Thaltej Town Planning Scheme No. 1. Against the total area admeasuring 47,450 sq. mtrs., 3 final plots were allotted being Final Plot Nos. 34, 57 and 65 admeasuring 6,787 sq. mtrs., 6010 sq. mtrs., 20434 sq. mtrs. The petitioner being the original owner of Final Plot Nos. 34 and 57 entered into a sale deed with one Tulsi Park Cooperative Society. For a part of the land admeasuring 15,798 sq. mtrs. of final plot No. 65, another sale deed was entered into with Tulsi Park Cooperative Society. The above noted lands forming part of Tulsi Park Cooperative Housing Society Part-1, 2 and 3. Construction have been put up over the aforesaid final plots.
6. It is stated by the original petitioner that they have entered into a sale deed with the predecessor-in-title in respect of the remaining land admeasuring 4,645 sq. mtrs. forming part of Final Plot No. 65 of Town Planning Scheme No. 1 in the year 1996 and are, thus, owners of the said plot. There is no dispute with respect to the final plot No. 34 and Page 6 of 25 Downloaded on : Sat Nov 11 20:40:50 IST 2023 NEUTRAL CITATION C/LPA/1290/2022 CAV JUDGMENT DATED: 10/11/2023 undefined 56, possession of which have been handed over to Tulsi Park Cooperative Housing Society. The dispute is with respect to remaining area of 4,645 sq. mtrs. of plot No. 65, which was purchased by the petitioner - Nidhi Cooperative Society, possession of which has not been handed over to the original petitioner till date. It is contended that even after sanction of the Town Planning Scheme under Section 65 of the Act, 1976, the petitioner society has not been handed over the vacant and peaceful possession of the land admeasuring 4,645 sq. mtrs., out of Final Plot No. 65 of Town Planning Scheme No. 1.
7. This case has a chequered history. The original petitioner had earlier filed Special Civil Application No. 12749 of 2003, against the then Ahmedabad Urban Development Authority (AUDA) for implementation of the Town Planning Scheme. During the pendency of the said writ petition, the respondent - AUDA issued notice under Section 68 read with Rule 33 to Snehanjali Cooperative Society, which had unauthorizedly kept possession with it. Snehanjali Page 7 of 25 Downloaded on : Sat Nov 11 20:40:50 IST 2023 NEUTRAL CITATION C/LPA/1290/2022 CAV JUDGMENT DATED: 10/11/2023 undefined Cooperative Society filed another writ petition namely Special Civil Application No. 1931 of 2005. Both the above writ petitions came up for consideration before this Court and were disposed of vide judgment and order dated 20.10.2005, whereby this Court had allowed the petition of the original petitioner and directed AUDA to implement the Town Planning Scheme (Thaltej) No. 1 by handing over the vacant possession of Final Plot No. 65 and simultaneously dismissed the writ petition filed by Snehanjali Cooperative Society.
8. Letters Patent Appeal Nos. 1220 of 2006 and 1221 of 2006 were filed by Snehanjali Cooperative Society, which were dismissed vide judgment and order dated 13.08.2008. Special Leave Petitions being Nos.25505-25506 of 2008 filed before the Apex Court by the members of Snehanjali Co- Operative Society and SLP (C) Nos.3025-3026 of 2009 filed by Snehanjali Co-operative Society were all dismissed by the Apex Court vide judgment and order dated 15.10.2008 and 02.03.2009. It seems that the order of this Court affirmed with the dismissal of the Special Leave Petitions by the Apex Page 8 of 25 Downloaded on : Sat Nov 11 20:40:50 IST 2023 NEUTRAL CITATION C/LPA/1290/2022 CAV JUDGMENT DATED: 10/11/2023 undefined Court, has not been implemented. Ultimately a tripartite agreement dated 07.09.2009 was executed between the parties, whereunder the land which was allotted to the original petitioner under the Town Planning Scheme No. 1 was sought to be placed in the reservation for sale for residential and the amount to be paid by Snehanjali Cooperative Society, whereas the original petitioner was allotted another vacant final plot in Town Planning Scheme No.2 (Thaltej). A resolution was passed by the respondent - AUDA wherein final plot No. 100 of Town Planning Scheme No.2 was sought to be allotted to the original petitioner. A Draft Scheme was sanctioned under Section 48 of the Act, wherein the petitioner was allotted Final Plot No.100/2 in the Town Planning Scheme No.2. The petitioner submitted that Final Plot No. 100 of Town Planning Scheme No. 2 was a large plot admeasuring about 23272 Sq. Mtrs. and the entire plot is reserved for EWS scheme, except area of 5675 Sq. Mtrs. The entire plot is already built up where there are houses constructed and occupied by the third parties. Page 9 of 25 Downloaded on : Sat Nov 11 20:40:50 IST 2023
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9. The contention is that out of the final plot no. 100 of Town Planning Scheme No. 2, the only vacant area left out is 4,645 Sq. Mtrs. The prayer has, thus, been made to implement Town Planning Scheme qua Final Plot No. 65 as affirmed by this Court in Special Civil Application No. 12749 of 2003 and hand over peaceful and vacant possession of the said land. It is noted by the learned Single Judge while allowing the writ petition filed by Nidhi Co-operative Society namely the original petitioner that it is not in dispute that the original petitioner (Nidhi Co-operative Society) is owner of land bearing Final Plot No. 65 of Town Planning Scheme (Thaltej) No. 1 of an area admeasuring 4,465 sq. mtrs. and the said land had become part of the Town Planning Scheme sanctioned by the State Government. The direction by this Court in the judgment and order dated 20.10.2005 deciding the writ petition filed by Nidhi Co-operative Society and Snehanjali Co-operative Society are relevant to note as under: -
"26. For the reasons as stated above, Special Civil Application No.1931 of 2005 fails and the said is required to be dismissed and is accordingly dismissed. Rule is discharged. Ad interim relief granted earlier, if any stands vacated forthwith.
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NEUTRAL CITATION C/LPA/1290/2022 CAV JUDGMENT DATED: 10/11/2023 undefined However, there shall be no order as to costs. So far as Special Civil Application No.12749 of 2003 is concerned, it is allowed. Respondent AUDA is directed to implement the Town Planning Scheme, Thaltej No.1 (final) by handing over the peaceful and vacant possession of entire F.P.No. 65 (inclusive of original survey No.113/2) to the petitioner of said Special Civil Application and the said exercise be done within a period of four months from the date of receipt of this order. Rule is made absolute to the aforesaid extent. However, there will be no order as to costs."
10. It is, thus, evident that the writ petition filed by Nidhi Cooperative Society (original petitioner herein) had been allowed issuing directions to respondent AUDA to implement the Town Planning Scheme, Thaltej No. 1 by handing over peaceful and vacant possession of entire Final Plot No. 65 to the original petitioner namely Nidhi Cooperative Society. The order was taken up in Appeal by Snehanjali Cooperative Society, which was dismissed by the judgment and order dated 13.08.2008. The operative portion of the order of the Division Bench has been extracted by the learned Single Judge in the judgment impugned as under : -
"The above referred facts are gathered from the records and are not disputed. Indisputably, the appellant Snehanjali Society has made unauthorized and illegal construction over the land of final plot No. 65. The claim of the petitioner - Nidhi Society for vacant possession of final plot no. 65 is wholly justified. The Page 11 of 25 Downloaded on : Sat Nov 11 20:40:50 IST 2023 NEUTRAL CITATION C/LPA/1290/2022 CAV JUDGMENT DATED: 10/11/2023 undefined learned Single Judge has rightly directed the Authority to hand over vacant possession of the final plot No. 65 to the petitioner - Nidhi Society. As to the claim of the appellant-Snehanjali Society over the plot No. 68, as discussed hereinabove,the appellant has failed to establish the title over the final plot No. 68 claimed by it. Nevertheless, as recorded hereinabove, Civil Suit No. 139 of 1990 in respect of the construction made by the Snehanjali Society over the final plot no. 65 is pending.
As recorded hereinabove, the impugned Notification dated 23rd April, 2001 was issued to rectify the mistake committed in respect of lands Survey No. 113/1 and 113/2 of village-Thaltej. The said Notification does not give cause of action to the Snehanjali Society.
For the aforesaid reasons, we find no substance in either of the above Appeals. No case for interference is made out. The Appeals are dismissed in limine. Civil Applications stand disposed of.
At the request of learned advocate Mr. Goswami, it is directed that the offending construction put up by the appellant- Snehanjali Cooperative Housing Society over the land final plot No. 65 may not be demolished for a period of eight weeks from today."
11. With the dismissal of the Special Leave Petition vide judgment and order dated 15.10.2008 passed by the Apex Court, it is evident that the findings returned by the Division Bench of this Court that Snehanjali Cooperative Society had made unauthorized and illegal construction over the land of Final Plot No. 65, has become final.
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12. The claim of the petitioner - Nidhi Cooperative Society for vacant possession of Final Plot No. 65 has been held to be justified. The direction was given to the authority to hand over vacant possession of the said plot to the petitioner Nidhi Cooperative Society. It is noted by the learned Single Judge in the judgment impugned that inspite of above noted decisions, whereby long drawn litigation have been ended in favour of the original petitioner, the issue has been dragged after the year 2016, when the writ petition was filed by the Nidhi Cooperative Society to seek implementation of the Town Planning Scheme No. 1. It seems that after the decision of this Court and the Apex Court a tripartite agreement has been arrived at between the petitioner Snehanjali Cooperative Society and the respondent - AUDA, wherein a via-media in the shape of allotment of vacant land out of final plot No. 100 of Town Planning Scheme No. 2, had been worked out.
13. It further appears that after various interim directions issued by this court, an affidavit dated 20.09.2021 Page 13 of 25 Downloaded on : Sat Nov 11 20:40:50 IST 2023 NEUTRAL CITATION C/LPA/1290/2022 CAV JUDGMENT DATED: 10/11/2023 undefined of the Chief City Planner of Ahmedabad Municipal Corporation had been filed before the Writ Court to assert that in view of the land disposal policy, the Price Fixation Committee of AUDA has determined the price in its meting held on 14.08.2019. The price of Final Plot No. 65 determined at Rs.1,38,150/- per Sq. Mtr., aggregate comes to Rs. 64,17,106,750/-, whereas price of part in Final Plot No.100 Paiki was determined as Rs.1,70,410/- per Sq. Mtr., and looking to the area to be allotted to the petitioner, the valuation is fixed to Rs.79,15,54,450/-. It was stated therein that the Corporation is awaiting sanction of final scheme and undertake to complete the remaining procedure of allotment thereafter.
14. It seems that in the interregnum, a communication dated 22.09.2021 was sent to Snehanjali Cooperative Society demanding interim amount and request to file undertaking. However, Snehanjali Cooperative Society did not file any undertaking. Only few members, however, submitted undertaking on 09.03.2012. The said members of Snehanjali Page 14 of 25 Downloaded on : Sat Nov 11 20:40:50 IST 2023 NEUTRAL CITATION C/LPA/1290/2022 CAV JUDGMENT DATED: 10/11/2023 undefined Cooperative Society, however, preferred Special Civil Application No. 14428 of 2019 challenging the notices dated 02.08.2009.
15. In the aforesaid writ petition, on an application moved by the Ahmedabad Municipal Corporation for vacating status-quo order dated 26.08.2019, the Writ Court affirmed the status-quo order on the statement made by the learned Senior Counsel appearing for the petitioner therein that the entire amount is required to be deposited as per the jantri rate prevailing in the year 2008, which was to the tune of Rs. 3,21,60,000/- out of which 25% was to be deposited, which will be deposited with the respondent corporation on or before 31.10.2022.
16. Taking note of the above turn of events, the learned Single Judge in the judgment impugned has found an opinion that the Ahmedabad Municipal Corporation has taken a curious move just to create another hurdle in the way of the petitioner (Nidhi Cooperative Society) to get effective relief Page 15 of 25 Downloaded on : Sat Nov 11 20:40:50 IST 2023 NEUTRAL CITATION C/LPA/1290/2022 CAV JUDGMENT DATED: 10/11/2023 undefined and by taking shelter of the order dated 22.04.2022, no effective implementation to the decision of this Court had been made.
17. It was held by the Writ Court that entitlement of the petitioner society had been established way back in the month of October, 2005 itself and the decision of this Court has been affirmed with the dismissal of the Special Leave Petition in the month of October, 2008. It was, thus, the obligation of the respondent authority to obey the orders and fulfill its statutory obligations to allot the land to the petitioner. Th direction has, thus, been issued to the respondent authority to implement the scheme, forthwith, and hand over clear and vacant possession of the land to the petitioner society to the extent of area admeasuring 4,645 sq. mtrs. either from Final Plot No. 100-P or from Final Plot No. 65, whichever is feasible.
18. It is further directed that the Ahmedabad Municipal Corporation, the implementing authority, shall afford Page 16 of 25 Downloaded on : Sat Nov 11 20:40:50 IST 2023 NEUTRAL CITATION C/LPA/1290/2022 CAV JUDGMENT DATED: 10/11/2023 undefined opportunity to both the societies namely Nidhi Co-operative Housing Society Ltd. and Snehanjali Co-operative Housing Society Ltd., Gulab Tower Road, Thaltej, Ahmedabad, for carrying out the process of handing over possession. It was clarified that no opinion had been expressed by the Court with regard to the steps which may be taken by the respondent authority, all such steps shall be concluded within a period of three months.
19. As regards the Letters Patent Appeal filed by the members and residents of Snehanjali Cooperative Society, it may be noted that the Snehanjali Cooperative Society, which has lost before this Court in the earlier rounds of litigation with the judgment and order dated 20.10.2005 and 13.08.2008 and further before the Apex Court on 02.03.2009, had not initiated any other proceedings.
The writ petition filed by Nidhi Cooperative Society, out of which the instant appeals have arisen, was opposed by Ahmedabad Municipal Corporation only. The Snehanjali Page 17 of 25 Downloaded on : Sat Nov 11 20:40:50 IST 2023 NEUTRAL CITATION C/LPA/1290/2022 CAV JUDGMENT DATED: 10/11/2023 undefined Cooperative Society, which was the petitioner in the earlier round of litigation challenging the allotment of Final Plot No. 65 in favour of the petitioner society, has not come forward to challenge the above noted directions issued by the learned Single Judge in the judgment impugned, which are directed to the society. Few members and residents of the Snehanjali Cooperative Society without there being any decision of the Society in that regard, cannot be permitted to maintain the appeal, to challenge the order of the learned Single Judge, wherein directions have been issued to grant opportunity of hearing to the Snehanjali Cooperative Society. The allottee namely the Snehanjali Cooperative Society has not come forward either in the appeal or in the writ Court to challenge the notice dated 02.08.2019. The challenge to the notices issued to unauthorized occupants of Final Plot No. 65, Town Planning Scheme No. 1 (Thaltej) asking them to remove their unauthorized occupation, are subject matter of challenge in Special Civil Application No. 14428 of 2019, wherein Snahenjali Cooperative Society has not been impleaded. Page 18 of 25 Downloaded on : Sat Nov 11 20:40:50 IST 2023
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20. In view of the above noted facts, we required the learned Senior Counsel appearing for the appellants - members of the Snehanjali Cooperative Society to bring out the solution before the Court; out of two options, either to hand over vacant possession of land in Final Plot No. 65 admeasuring 6,465 sq. mtrs. by vacating the building in their occupation or to deposit the cost of Final Plot No. 100-P, worked out by the Corporation to the tune of Rs. 79,15,54,450/-, so that said plot be allotted to the original petitioner namely Nidhi Cooperative Society, as in any case, the occupation and possession of the members and residents of Snehanjali Cooperative Society over the Final Plot No. 65, Town Planning Scheme No. 1 (Thaltej) is of unauthorized occupants. They cannot retain possession on any pretext, whatsoever. Time was granted by us vide order dated 18.10.2023 to the learned counsel appearing for the members and residents of Snehanjali Cooperative Society to bring their choices before the Court. It was noted that the respondent Corporation had given instructions to the learned Senior Advocate appearing on its behalf, that the Corporation is Page 19 of 25 Downloaded on : Sat Nov 11 20:40:50 IST 2023 NEUTRAL CITATION C/LPA/1290/2022 CAV JUDGMENT DATED: 10/11/2023 undefined agreeable to the valuation of Final Plot No. 100/2 arrived in the meeting held on 14.08.2009 in order to bring the controversy to its logical conclusion.
21. On 01.11.2023, when the matters were taken up, the learned counsel for the members of Snehahnajli Cooperative Society would submit that the appellants in Appeal being Letters Patent Appeal No. 1290 of 2022 are not in position to take any decision. However, some more time was sought to decide as to whether the appellants namely members of Snehanjali Society would handover vacant possession of Final Plot No. 65, Town Planning Scheme No. 1 (Thaltej) or pay cost of Final Plot No. 100 paiki, Town Planning Scheme No. 2 (Thaltej) to allot either of the said plots to the petitioner Nidhi Cooperative Society whose entitlement under law is well settled.
22. As the challenge to the claim of the original petitioner namely Nidhi Cooperative Society to seek possession of the either to the above noted two plots, could Page 20 of 25 Downloaded on : Sat Nov 11 20:40:50 IST 2023 NEUTRAL CITATION C/LPA/1290/2022 CAV JUDGMENT DATED: 10/11/2023 undefined not be sustained by Snehanjali Cooperative Society in the earlier rounds of litigation and the appellants members and residents of Snehanjali Cooperative Society have no independent right to sustain the challenge, we do not find any merit in Letters Patent Appeal No. 1290 of 2022 filed by them.
23. Similarly, no merit is found in the writ petition filed by the same persons seeking to challenge the notice dated 02.08.2019, the same is liable to be dismissed, as such.
24. As regards the challenge to the order of the learned Single Judge in the appeal filed by the Corporation namely Ahmedabad Municipal Corporation, suffice is to say that the said challenge is confined to the adverse observations made by the learned Single Judge in the order impugned noticing the action and inaction of the Corporation. It is stated by the learned Senior Counsel appearing for the Corporation that Corporation is duty bound to implement the scheme as also the order passed by this Court in the previous rounds of Page 21 of 25 Downloaded on : Sat Nov 11 20:40:50 IST 2023 NEUTRAL CITATION C/LPA/1290/2022 CAV JUDGMENT DATED: 10/11/2023 undefined litigation as also in the writ petition, out of which instant appeal has arisen. The notice had been issued to the occupiers of final Plot No. 65, but nothing could be proceeded on account of the status-quo order passed by this Court.
25. At this stage, it is submitted by the learned Senior Counsel appearing for the respondent - Corporation that undertaking given by the Corporation about the valuation of Final Plot No. 100/2 arrived in the meeting held on 14.08.2009, would be available only till the month of December, 2023, as thereafter the valuation of Final Plot No. 100/2 is subject to change. The Snehanjali Cooperative Society or its members who are in unauthorized occupation of Final Plot No. 65 can be permitted to retain their possession over the said plot only if they deposit the valuation of Final Plot No. 100/2, arrived in the meeting held on 14.08.2009, to allot the same to the petitioner namely Nidhi Cooperative Society.
26. In view of the above facts, nothing remains to be Page 22 of 25 Downloaded on : Sat Nov 11 20:40:50 IST 2023 NEUTRAL CITATION C/LPA/1290/2022 CAV JUDGMENT DATED: 10/11/2023 undefined adjudicated in the instant appeal. While affirming the judgment and order dated 08.06.2022 passed by the learned Single Judge, we dispose of the above noted appeals and the writ petition filed by the respective parties with the following directions : -
(i) The occupants of Final Plot No. 65, Town Planning Scheme No. 1 (Thaltej), the appellants and the petitioners herein in the above noted litigations, are mandated to deposit the valuation of Plot No. 100-P to the tune of Rs.
79,15,54,450/- as worked out by the respondent AUDA (Ahmedabad Urban Development Authority) in its meeting held on 14.08.2009, on or before 31.12.2023;
(ii) In case the aforesaid occupants are not in a position to deposit the aforesaid amount by the above-said date, they are required to vacate the Final Plot No. 65 and handover the vacant and peaceful possession of the same to the Officers of Ahmedabad Municipal Corporation on or before 31.12.2023;Page 23 of 25 Downloaded on : Sat Nov 11 20:40:50 IST 2023
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(iii) In case, the deposit is made by the occupants of Final Plot No. 65 namely the appellants members of Snehanjali Cooperative Society within the time given above, it would be incumbent upon the respondent Corporation to handover vacant possession of Final Plot No. 100-P, Town Planning Scheme No. 2 Thaltej to the original petitioner namely Nidhi Co-operative Housing Society Ltd. at the earliest. However, in case of failure on the part of the occupants - appellants to hand over possession within the time given above, it would be incumbent upon the Ahmedabad Municipal Corporation to take all necessary coercive steps to get the Final Plot No. 65 vacated, with the police aid, if required. The vacant and peaceful possession of Final Plot No. 65 shall then be handed over to the original petitioner namely Nidhi Co-operative Housing Society Ltd.;
(iv) The process of eviction of the illegal occupants of Final Plot No. 65, if required, shall be concluded within a period of one month after 31.12.2023, i.e. expiry of the Page 24 of 25 Downloaded on : Sat Nov 11 20:40:50 IST 2023 NEUTRAL CITATION C/LPA/1290/2022 CAV JUDGMENT DATED: 10/11/2023 undefined time granted by us to the appellants to handover the vacant possession of the said plot.
27. All the above directions shall be complied with by all the above-noted persons concerned in their true letter and spirit. Any further act of any of the occupants (members of Snehanjali Cooperative Society) of Final Plot No. 65 to stall the process of handing over of the physical possession of Final Plot No. 65 to the original petitioner namely Nidhi Co- operative Housing Society Ltd., in the case of non-deposit of the aforesaid amount, shall be viewed seriously.
28. All pending Civil Application(s) in the Appeals as well as in Special Civil Application, shall also stand disposed of, accordingly.
Sd/-
(SUNITA AGARWAL, CJ ) Sd/-
(ANIRUDDHA P. MAYEE, J.) AMAR SINGH Page 25 of 25 Downloaded on : Sat Nov 11 20:40:50 IST 2023