Gujarat High Court
Vitthalbhai Khushalbhai Patel Through ... vs The State Of Gujarat on 1 May, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/LPA/110/2025 ORDER DATED: 01/05/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 110 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 16682 of 2024
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2025
In R/LETTERS PATENT APPEAL NO. 110 of 2025
==================================================
VITTHALBHAI KHUSHALBHAI PATEL THROUGH ADMINISTRATOR
PUREN UPENDRABHAI PATEL & ORS.
Versus
THE STATE OF GUJARAT & ORS.
==================================================
Appearance:
MR NIRAV C THAKKAR(2206) for the Appellant(s) No.
1,10,11,12,13,14,15,2,3,4,5,6,7,8,9
MS. HETAL PATEL, AGP for the Respondent(s) No. 1
MR. GURSHARANSINGH H. VIRK, ADVOCATE WITH MR MEHUL
SHARAD SHAH(773), ADVOCATE WITH MS. DHARITRI PANCHOLI,
ADVOCATE WITH SIMARNITSINGH H. VIRK, ADVOCATE for the
Respondent(s) No. 2
==================================================
CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 01/05/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
[1] Heard learned counsels for the parties and perused the
record. By means of the present appeal, the appellants (15 in
number), the occupants of shops at Sardar Bhuvan Complex
besides Sardar Statue on the Station road, Nadiad, are seeking
to challenge the judgment and order dated 02.01.2025 passed
NEUTRAL CITATION
C/LPA/110/2025 ORDER DATED: 01/05/2025
undefined
by the learned Single Judge, whereby the writ petition seeking
to challenge the notices dated 25.11.2024 issued by the
Corporation to the petitioners asking to vacate the premises in
question has been turned down.
[2] In a detailed order dated 29.01.2025, we have noted that
there is no dispute about the fact that the building in question
which comprised of 46 shops occupied by 40 people, had been
built on the top slab of the kaans (underground sewage drain).
There is an expert report to the effect that the bottom part of
the top slab of the kaans is deteriorated due to direct contact
with Sewage. It seems that earlier with the intervention of this
Court, the cleaning work of the kaans has been completed but
based on the investigation, the expert report states that the
most crucial element is kaans for the stability of the entire
building, which is found to be inadequate because of corroded
top slab of kaans which in turn, is supported on the brick wall of
kaans.
[3] Pursuant to our order dated 29.01.2025, wherein we
required the learned counsel for the respondent - Corporation to
NEUTRAL CITATION
C/LPA/110/2025 ORDER DATED: 01/05/2025
undefined
find out a solution for rehabilitation / re-settlement / by
providing alternative accommodation to the shops owners /
petitioners herein, an affidavit dated 15.03.2025 has been filed
by the Municipal Commissioner, Nadiad Municipal Corporation,
wherein a categorical statement has been made to the effect
that efforts were made to find out the solution in the meeting of
the occupants of the building / shops in dilapidated conditions
and as an offer for rehabilitation of the occupants (40 in
number), paragraph '14' of the affidavit clearly states that :-
"14) I respectfully submit that with respect to
suggestions made by the occupiers, detailed reply was
given by the Deputy Municipal Commissioner of the
Corporation and proper explanations as to why the
suggestions of the occupiers cannot be accepted have been
provided. The Corporation informed the occupiers that,
recently, Nadiad Nagarpalika stands converted into
Nadiad Municipal Corporation and therefore, development
of the City will be planned by the Nadiad Municipal
Corporation and therefore, at present, there is no
possibility to construct a new building for the shop owners
as a special case. It was suggested that a shopping center
was constructed by the erstwhile Nagarpalika near
Kasibhai Park where the shops were in dilapidated
condition but all those shops can be demolished and at the
said place, a semi-permanent structure can be placed or a
shed can be prepared by the Corporation and all the
occupiers can be shifted to the said land near Kasibhai
Park, which is approximately 2 kilometers from the
existing site of the dilapidated structures. It was clarified
that the shops of exactly the present shop-size at the
dilapidated Sardar Shopping Complex would be prepared
by the Corporation."
NEUTRAL CITATION
C/LPA/110/2025 ORDER DATED: 01/05/2025
undefined
[4] It is further stated in paragraph '15' of the affidavit as
under:-
"15) It was also apprised to the occupiers that they would have
to pay rent that may be fixed by the Corporation and if they show
willingness for this option, the Corporation will take necessary
sanctions, as may be required and ensure expeditious
rehabilitation. The occupiers/appellants did not provide any
answer to the officers of the Corporation and informed the
officers that they would respond to the proposal in writing. With
this, the meeting dated 09.03.2025 stood adjourned."
[5] The further stand of the Municipal Commissioner in the
affidavit is that the occupants have refused to accept the offer
given by the Corporation to re-locate the shops in question near
Kashibhai Park vide latter dated 13.03.2025 and have reiterated
their demand to fill-up the kaansh over which the dilapidated
structure stands and divert the kaansh and then build a strong
foundation under the existing dilapidated structure. It is further
stated in the affidavit of the Municipal Commissioner that the
continued occupation of the dilapidated structures is not only
dangerous for the occupiers who run their businesses within
such structures knowingly, but also the visitors who would be
visiting these shops without explicit knowledge of the unsafe
nature of the construction. A prayer has been made that a
NEUTRAL CITATION
C/LPA/110/2025 ORDER DATED: 01/05/2025
undefined
mutually acceptable alternative may be found and the
Corporation be permitted to take steps in connection with the
dilapidated structures.
[6] In reply to the affidavit filed by the Commissioner,
Municipal Corporation, it is stated on behalf of the appellants
that appellants understand the constraints felt by the
Corporation and even the Corporation has appreciated the
difficulties faced by the appellants and other shop owners.
However, the place for rehabilitation offered to the appellants is
not suitable.
[7] Apart from the said assertions, nothing much has been
stated in the affidavit filed on behalf of the appellants. Be that
as it may, in view of the categorical statement made by the
Commissioner, Municipal Corporation in paragraph '14' of the
affidavit as noted hereinabove, as per the offer given by the
Corporation, semi-permanent structure can be placed by
demolition of the existing structures of the shopping center near
Kasibhai Park, wherein all the occupiers (40 in number) can be
accommodated. It is clarified that the shops of exactly the
NEUTRAL CITATION
C/LPA/110/2025 ORDER DATED: 01/05/2025
undefined
present shops size at the dilapidated Sardar Shoping Complex
would be offered to the occupants by the Corporation.
[8] Mr. Gursharansingh H. Virk, learned counsel with Mr.
Mehul Sharad Shah, learned counsel appearing for the
Corporation made a statement upon instructions that the land
over which the occupants of the shops in question are proposed
to be accommodated by construction of a semi-permanent
structure or shade, is a huge land and the Corporation proposes
to construct a permanent structure containing adequate number
of shops so as to allot shops to the occupants (40 as in number)
of the building in question known as Sardar Shopping Complex,
of the same size which they are currently occupying at the said
dilapidated building.
[9] In view of the above statement made in the affidavit of the
Municipal Commissioner and the learned advocate appearing on
behalf of the Corporation upon instructions, Mr. Nirav C.
Thakkar, learned advocate appearing for the appellants, upon
instructions, would submit that appellants are ready and willing
to accept the proposal of the Corporation to make an
NEUTRAL CITATION
C/LPA/110/2025 ORDER DATED: 01/05/2025
undefined
arrangement for shifting of the shops of the dilapidated building
known as Sardar Shopping Complex at the land suggested by
the Corporation near Kasibhai Park by construction of semi-
permanent structure as a stopgap arrangement. However, the
Corporation would be required to construct a permanent
structure to accommodate each of the occupants (40 in number)
of the shops (46 in number) at the dilapidated Sardar Shopping
Complex, by giving shop in a permanent structure as per the
undertaking given by its officer.
[10] On a further query made by the Court, Mr. Virk, the
learned counsel appearing for the Corporation would submit
that approximately five months' time is required to put up a
semi-permanent structure in order to shift the existing
occupants at the alternative place offered by the Corporation.
An undertaking is also given by the appellants herein (15 in
number) through their counsel that they will not make any
obstruction in the process of shifting of the shops in question to
the alternative accommodation after the semi-permanent
structure is built by the Corporation as per the undertaking
NEUTRAL CITATION
C/LPA/110/2025 ORDER DATED: 01/05/2025
undefined
given by it. As regard the remaining occupants, who are not
before us, they would be required to furnish their undertaking
in the form of an affidavit before the Corporation and on
furnishing of such undertaking, the Corporation would be
required to take appropriate steps in accordance with the
undertaking given by it, noted hereinabove. In case of failure of
any of other occupants to give undertaking as per the directions
hereinabove, it would be open for the Corporation to proceed in
accordance with law.
[11] With the above observations and directions, without
entering into the merits of the order passed by the learned
Single Judge, we dispose of the present appeal on the
settlement arrived between the parties.
[12] Connected civil application also stands disposed of.
(SUNITA AGARWAL, CJ )
(PRANAV TRIVEDI,J)
DHARMENDRA KUMAR
