Gujarat High Court

Mohiniben Surendrasinh Chauhan vs Nidhi Co Operative Housing ... on 10 November, 2023

Bench: Aniruddha P. Mayee

                                                                                    NEUTRAL CITATION




    C/LPA/1290/2022                              CAV JUDGMENT DATED: 10/11/2023

                                                                                    undefined




              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/-

==========================================================

1 Whether Reporters of Local Papers may be allowed No to see the judgment ?

2 To be referred to the Reporter or not ? No

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

MR. PRASHANT G. DESAI, SENIOR ADVOCATE WITH MR RUTUL P

==========================================================

CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

Date : 10/11/2023

(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),

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

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."

NEUTRAL CITATION

C/LPA/1290/2022 CAV JUDGMENT DATED: 10/11/2023

undefined

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

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

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

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

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.

NEUTRAL CITATION

C/LPA/1290/2022 CAV JUDGMENT DATED: 10/11/2023

undefined

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.

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

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.

NEUTRAL CITATION

C/LPA/1290/2022 CAV JUDGMENT DATED: 10/11/2023

undefined

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

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

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

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

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

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.

NEUTRAL CITATION

C/LPA/1290/2022 CAV JUDGMENT DATED: 10/11/2023

undefined

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

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

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

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

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;

NEUTRAL CITATION

C/LPA/1290/2022 CAV JUDGMENT DATED: 10/11/2023

undefined

(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.;