Gujarat High Court

Transportnagar - Aslali Thru Secretary ... vs Ahmedabad Urban Development Authority on 4 August, 2025

Author: Sunita Agarwal

Bench: Sunita Agarwal

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                              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
                       ==========================================================
                             TRANSPORTNAGAR - ASLALI THRU SECRETARY ARVIND GARG
                                                    Versus
                               AHMEDABAD URBAN DEVELOPMENT AUTHORITY & ORS.
                       ==========================================================
                       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
                       ==========================================================

                       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

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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

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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.

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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

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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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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

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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

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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

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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

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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'