Gujarat High Court
Nipesh S/O Ganesh Premubhai ... vs State Of Gujarat on 9 March, 2023
Bench: Biren Vaishnav
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
==================================================
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 ?
==================================================
NIPESH S/O GANESH PREMUBHAI GARANGE
Versus
STATE OF GUJARAT
==================================================
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
==================================================
Page 1 of 4
Downloaded on : Thu Mar 09 20:50:15 IST 2023
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
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
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."
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
