Prakashnagar Coop. Housing ... vs State Of Gujarat
2022 Latest Caselaw 9818 Guj

     C/SCA/5846/2014                                 ORDER DATED: 06/12/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 5846 of 2014
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        PRAKASHNAGAR COOP. HOUSING SOCIETY & 5 other(s)
                           Versus
                 STATE OF GUJARAT & 4 other(s)
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Appearance:
MR PARTHIV B SHAH(2678) for the Petitioner(s) No. 1,2,3,4,5,6
for the Respondent(s) No. 1
MS KRUSHITA DAVE AGP for the Respondent(s) No. 1,3
MR MAULIK G NANAVATI(3318) for the Respondent(s) No. 2,4,5
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 CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                              Date : 06/12/2022

                                ORAL ORDER

1. Heard learned advocates for the respective parties.

2. The present writ petition is filed praying for the following reliefs :-

"(A) YOUR LORDSHIPS be pleased to issue a writ of mandamus, or any other appropriate writ, directing the respondents, their officers, servants, agents, etc. to implement the T.P. Scheme No.9 finalized on 28.2.1984 by the Government of Gujarat as having become final and part of the Act and to implement the same in accordance with law, in the interest of justice;

(B) YOUR LORDSHIPS be pleased to issue a writ of mandamus, or any other appropriate writ, order or direction, permanently restraining the respondents, their officers, servants, agents, etc. from utilizing F.P. No.401 of T.P. Scheme No.9 of Vadodara which was sanctioned for the purpose of municipal staff quarters from utilizing the same for any other purpose without following the procedure in its entirety as required for variation of T.P. Scheme under the Gujarat Town Planning and Urban Development Act, 1976 and Rules framed thereunder;

C/SCA/5846/2014 ORDER DATED: 06/12/2022

(C) YOUR LORDSHIPS be pleased to Issue a writ of mandamus, or any other appropriate writ, order or direction, directing the respondents to produce material and report before this Hon'ble Court with reference to F.P. No.401 originally being used for the purpose of storage of water, pond, talavadil and implement the direction Issued in the judgment of Shailesh R. Shah vs. State of Gujarat & Ors and connected matters, in the interest of justice;

(D) YOUR LORDSHIPS be pleased to issue a writ of mandamus, or any other appropriate writ, order or direction, permanently restraining the respondents, their officers, servants, agents, etc. from taking any steps in implementing the LIG Scheme without Undertaking variation as contemplated in Gujarat Town Planning and Urban Development Act and Rules framed thereunder;

(E) Pending the admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to restrain the respondents, their officers, servants, agents, etc. in any manner changing the use of F.P. No.401 of T.P. Scheme no.9 reserved for and maintain status quo qua the plot;

(F} YOUR LORDSHIPS be pleased to 'pass such other and further orders as may be deemed fit and proper by this Hon'ble Court, in the interest of justice;"

3. It is submitted by learned advocate Mr. Parthiv Shah appearing for the petitioners that by order dated 15.10.2015, this Court had restrained the respondent Corporation pending the petition from making any further construction and making any allotment to anybody.

4. Today, at the time of hearing, learned advocate Ms. Manvi Damle appearing on behalf of learned advocate Mr. Maulik Nanavati for the respondent Corporation submits that in the affidavit filed on behalf of the respondent Corporation, it is stated as under :-

C/SCA/5846/2014 ORDER DATED: 06/12/2022

"5. I say that the affidavit filed by the Senior Town Planner, South Gujarat Region, Vadodara makes it clear that Final Plot No. 401 of Town Planning Scheme No. 9 (Nagarwada) is reserved only for "Municipal Staff Housing'. In view of such clarification, the Corporation shall reconsider its earlier decision to construct buildings for housing both the members of the municipal corporation as well as the general public. | say that pending such reconsideration by the Corporation -- on the question as to whether only municipal staff quarters should be constructed over the plot, or a proposal be moved before the State Government for varying the scheme and permitting the Corporation to implement a public housing project over the said plot of land, no new construction shall be made over the said land by the Corporation."

She further submits that the Corporation shall abide by the said statement made in the affidavit-in-reply and in view thereof, the prayer (B) of the petition stands satisfied.

5. Learned advocate Mr. Parthiv Shah appearing for the petitioners submits that in view of statement made by learned advocate for the respondent Corporation, he does not press for the other prayers in the petition and submits that the writ petition can be disposed of accordingly.

6. In view of above observations, the Special Civil Application is partly allowed in terms of prayer clause (B) and stands disposed of accordingly.

(ANIRUDDHA P. MAYEE, J.)

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