Gujarat High Court
Transportnagar - Aslali Thru Secretary ... vs Ahmedabad Urban Development Authority on 4 August, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/LPA/1407/2019 ORDER DATED: 04/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1407 of 2019
In R/SPECIAL CIVIL APPLICATION NO. 16026 of 2013
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In R/LETTERS PATENT APPEAL NO. 1407 of 2019
With
CIVIL APPLICATION (DIRECTION) NO. 1 of 2025
In R/LETTERS PATENT APPEAL NO. 1407 of 2019
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TRANSPORTNAGAR - ASLALI THRU SECRETARY ARVIND GARG
Versus
AHMEDABAD URBAN DEVELOPMENT AUTHORITY & ORS.
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Appearance:
MR JIGAR P RAVAL(2008) for the Appellant(s) No. 1
MS HETAL PATEL, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 2
MR DEEP D VYAS(3869) for the Respondent(s) No. 4
MR HS MUNSHAW(495) for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 3
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS.
JUSTICE SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 04/08/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. The appellant/petitioner herein has approached this Court at the stage of preparation of 'draft town planning scheme No.129 [Aslali - Jetalpur]', in sofar as it relates to the lands-in-question namely an area of 77,000 sq.mtrs., over which Transportnagar has been established, after acquisition of the lands total admeasuring 1,77,000 sq.mtrs. comprising Page 1 of 11 Uploaded by A. B. VAGHELA(HC01079) on Wed Aug 06 2025 Downloaded on : Wed Aug 06 23:29:09 IST 2025 NEUTRAL CITATION C/LPA/1407/2019 ORDER DATED: 04/08/2025 undefined of different villages. It is stated in the writ petition that the 'Ahmedabad Urban Development Authority' [in short referred to as 'AUDA'] had conceived a project for establishment of Transportnagar at the outskirts of the city of Ahmedabad to ease the traffic congestion and to minimize pollution. Out of the total acquired area admeasuring 1,77,000 sq. mtrs., about 77,000 sq.mtrs. had been allotted to the appellant/original petitioner herein for the purpose of establishing Transportnagar. It is contended that the Ahmedabad Urban Development Authority had executed sale-deeds in favour of the appellant and after sanction of necessary plans, by the Ahmedabad Urban Development Authority various structures required for transport activities such as godowns, garages, workshops, offices etc., had been raised.
2. The contention of the original petitioner/appellant herein is that the 'Draft town planning scheme' prepared by the AUDA, sanctioned by the State Government under the Gujarat Town Planning Urban Development Act, 1976 ignored the existing infrastructure, while providing for 45 mtr. Development Plan road (D. P. Road), which passes through almost in the middle of the Transportnagar. The contention is Page 2 of 11 Uploaded by A. B. VAGHELA(HC01079) on Wed Aug 06 2025 Downloaded on : Wed Aug 06 23:29:09 IST 2025 NEUTRAL CITATION C/LPA/1407/2019 ORDER DATED: 04/08/2025 undefined that as a result of preparation of the Draft scheme by AUDA, incorporating 45 mtrs. D. P. road, approximately 74 godowns/ garages/ offices would have to be demolished. The submission is that as a result of sanction of 'Draft town planning scheme' by the State of Gujarat on 02.12.2013, the appellant/ petitioner is facing imminent threat of demolition of the existing construction. At this stage, the writ petition had been filed challenging the action of AUDA in preparation of the 'Draft town planning scheme', which has been dismissed vide judgment and order dated 06.05.2019 passed by the learned Single Judge.
3. The Division Bench in the present appeal has passed an order dated 14.07.2021 in the following manner:-
"Order in Letters Patent Appeal
1. We have heard Mr. M.C. Bhatt, the learned Senior counsel assisted by Mr. Jigar P. Raval, the learned advocate appearing for the appellant [original writ applicant], Mr. H.S. Munshaw, the learned Counsel appearing for the respondent No.1-AUDA, Mr.Chintan Dave, the learned AGP appearing for the State of Gujarat and Mr. Deep D. Vyas, the learned counsel appearing for the respondent No.4 - Municipal Commissioner, Ahmedabad Municipal Corporation.Page 3 of 11 Uploaded by A. B. VAGHELA(HC01079) on Wed Aug 06 2025 Downloaded on : Wed Aug 06 23:29:09 IST 2025
NEUTRAL CITATION C/LPA/1407/2019 ORDER DATED: 04/08/2025 undefined
2. Mr. Bhatt, the learned Senior counsel appearing for the appellant has given us more than a fair idea about the controversy involved in the present litigation. The matter requires consideration.
Admit.
Order in Civil Application
1. By this application, the applicant [appellant/original writ-applicant] has prayed for the following reliefs:
"(A) Pending admission and final disposal of the appeal, the Hon'ble Court be pleased to restrain the respondents by the order of interim injunction from implementing and enforcing the impugned draft TP scheme and taking any further action for framing preliminary scheme in pursuance of draft town planning scheme so far it relates to the land in question and further be pleased to restrain the respondents from disturbing possession and / or evicting the appellant-petitioner and its members from the actual possession of the land in question and direct the respondents to maintain status-quo during pendency of appeal.
(B) Any other relief deemed fit may be granted."
2. The picture that emerges as on date, is that the matter is at the stage of draft Town Planning Scheme. Instead of granting the relief as prayed for in the Civil Page 4 of 11 Uploaded by A. B. VAGHELA(HC01079) on Wed Aug 06 2025 Downloaded on : Wed Aug 06 23:29:09 IST 2025 NEUTRAL CITATION C/LPA/1407/2019 ORDER DATED: 04/08/2025 undefined Application, we are of the view that the appellant-herein should go before the Town Planning Officer appointed by the State Government and put-forward their objections so that the Town Planning Officer can consider such objections and file an appropriate report before both, this Court as well as the State Government. We are saying so in view of Section 52 of the Gujarat Town Planning and Urban Development Act, 1976 read with Rule 26 of the Gujarat Town Planning Urban Development Rules, 1979. Once the appellant approaches the Town Planning Officer, the Town Planning Officer shall look into the entire matter and file an appropriate report before this Court and also forward one report to the State Government. Till this exercise is not completed, the Town Planning Officer shall not proceed further with the draft Town Planning Scheme No.129 [Aslali - Jetalpur]. Ordinarily the Court should be loath in interfering with the draft Town Planning Scheme, however, the facts of this case are extremely gross. If the draft Town Planning Scheme is permitted to be given effect to then prima facie, it is going to cause extensive damage to the development, which has already taken place at the instance of the appellant. For the present, we may say only this much. Any further observations, at our end, may cause prejudice to the respondents.
3. One Copy of this order shall be furnished to Mr. Munshaw, the learned Counsel appearing for the AUDA for its onward communication and one copy shall also be furnished to Mr. Deep Vyas, the learned Counsel appearing for the Ahmedabad Municipal Corporation, for its onward communication.
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NEUTRAL CITATION C/LPA/1407/2019 ORDER DATED: 04/08/2025 undefined
4. Let Notice be issued to the respondents in the Civil Application, returnable on 15th September, 2021. No notice now be issued by the Registry as Mr.Munshaw as well as Mr. Vyas have already entered their appearance on behalf of their clients
5. Notify the main matter for final disposal on 15th September, 2021.
6. By the next date of hearing, the report of the Town Planning Officer shall be placed on the record of this case."
4. The copy of the report dated 14.09.2021 prepared by the Town Planning Officer under the order dated 14.07.2021 passed by this Court is placed on record alongwith the affidavit of the petitioner in Civil Application No.1 of 2025, which has been filed for issuance of directions. A copy of the said report has also been placed before this Court under the sealed cover. A perusal of the report appended alongwith the Civil Application No.1 of 2025 indicates that the Town Planning Officer has opined that all objections raised by the petitioner/appellant herein can be looked into comprehensively at the time of the preparation of the 'Preliminary town planning scheme'. It is an admitted fact of Page 6 of 11 Uploaded by A. B. VAGHELA(HC01079) on Wed Aug 06 2025 Downloaded on : Wed Aug 06 23:29:09 IST 2025 NEUTRAL CITATION C/LPA/1407/2019 ORDER DATED: 04/08/2025 undefined the matter that till date, the 'Preliminary town planning scheme' has not been prepared by the Town Planning Officer in accordance with the provisions of Gujarat Town Planning & Urban Development Act' 1976 and the proceedings under the Act' 1976 are pending at the stage of preparation of the 'Preliminary town planning scheme'. We may also take note of the averments made in the affidavit filed by the AUDA dated 21.04.2022 at page '232' of the paper-book, wherein it is stated that a proposal has been made for variation of the 'Development plan road' having width of 45 mtrs. passing through the land of Transportnagar, Aslali, under the Town Planning Act, 1976 and the same has been forwarded to the Town Planning Officer.
5. Taking note of the above, we may record that by virtue of Section 48A of the Gujarat Town Planning & Urban Development Act, 1976, all lands required by the appropriate authority [AUDA in the present case] for 'public purposes' as specified in Section 40, such as 'Development plan road' shall vest absolutely in the appropriate authority free from all encumbrances. The result is that the appropriate authority namely AUDA herein would be in a position to carry out the Page 7 of 11 Uploaded by A. B. VAGHELA(HC01079) on Wed Aug 06 2025 Downloaded on : Wed Aug 06 23:29:09 IST 2025 NEUTRAL CITATION C/LPA/1407/2019 ORDER DATED: 04/08/2025 undefined work of laying of 'Development road' by summary eviction of the land owners. However, a perusal of Sub-section (2) of Section 48A would further indicate that the sanction of the draft scheme by the State Government under Sub-section (2) of Section 48A and vesting of the lands specified for public purposes absolutely with the appropriate authority, would not affect any right of the owner of the land. The result is that the owner of the land identified for public purposes under Section-40, would be in a position to raise his objections before the Town Planning Officer. We are also required to take note of Section-52 of the Town Planning Act, 1976 which confers power upon the Town Planning Officer for making changes in the 'Draft town planning scheme'. Section 52(1)(i) would further provides that at the time of preparation of the Preliminary Scheme, the Town Planning officer is required to give notice to all the persons affected by the scheme and then define and demarcate the area allotted to, reserve for any public purpose or for any purpose of the appropriate authority.
6. We, therefore, find that the all objections being taken by the petitioner/appellant herein against the 'Draft town Page 8 of 11 Uploaded by A. B. VAGHELA(HC01079) on Wed Aug 06 2025 Downloaded on : Wed Aug 06 23:29:09 IST 2025 NEUTRAL CITATION C/LPA/1407/2019 ORDER DATED: 04/08/2025 undefined planning scheme' prepared by AUDA and sanctioned by the State Government, can very well be looked into by the Town Planning Officer at the time of preparation of the 'Preliminary town planning scheme', before sending it to the State Government for sanction in accordance with the provisions of Section 52(2) of the Act' 1976.
7. Moreover, the AUDA has come out with the assertion on affidavit that it has proposed for variation of 45 mtrs. 'Development plan road' which is passing through the Transportnagar incorporated in the 'Draft town planning scheme', which is the bone of contention of the petitioner.
8. We, therefore, disposed of the present appeal with the observations and directions as under:-
(i) The petitioner/ appellant herein shall file his objection before the Town Planning Officer afresh alongwith the copy of this order about the proposed 45 mtrs. 'Development plan road' passing through the Transportnagar.
(ii) On such objection being filed within a period of two Page 9 of 11 Uploaded by A. B. VAGHELA(HC01079) on Wed Aug 06 2025 Downloaded on : Wed Aug 06 23:29:09 IST 2025 NEUTRAL CITATION C/LPA/1407/2019 ORDER DATED: 04/08/2025 undefined weeks from today, the Town Planning Officer would be required to call upon the appropriate authority namely AUDA seeking its response.
(iii) The AUDA shall submit a proper proposal for variation of 45 mtrs. 'Development plan road', as stated before us on affidavit, strictly in accordance with law.
(iv) On such proposal being submitted by AUDA, if any, after consideration of the objection filed by the appellant/ petitioner within the time given above, the Town Planning Officer would be required to take an appropriate decision with regard to the 45 mtrs. 'Development plan road' sanctioned by the State Government in the 'Draft town planning scheme', by passing a reasoned and speaking order strictly in accordance with law, as expeditiously as possible.
(v) Till such a decision is taken, no coercive action shall be taken against the petitioner/ appellant herein with respect to the land in question, whereupon 45 mtrs. 'Development plan road' has been proposed in the 'Draft town planning scheme' [as sanctioned by the State Government]. Page 10 of 11 Uploaded by A. B. VAGHELA(HC01079) on Wed Aug 06 2025 Downloaded on : Wed Aug 06 23:29:09 IST 2025
NEUTRAL CITATION C/LPA/1407/2019 ORDER DATED: 04/08/2025 undefined All the pending Civil Applications would not survive and are hereby disposed of, accordingly.
(SUNITA AGARWAL, CJ ) (D.N.RAY,J) A. B. VAGHELA Page 11 of 11 Uploaded by A. B. VAGHELA(HC01079) on Wed Aug 06 2025 Downloaded on : Wed Aug 06 23:29:09 IST 2025