SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1985 Supreme(Guj) 233

Gujarat High Court
Judgename :N.H.BHATT
CHIMANLAL ESTATE OWNERS ASSOCIATION - Appellant
Versus
AHMEDABAD MUNICIPAL CORPORATION - Respondent
S.C.A. 6127 of 1983
Decided On : 12/17/1985

Advocates Appeared: ANIL S.KOTHARI, G.N.DESAI, S.B.VAKIL

Headnote:

Gujarat Town Planning and Urban Development Act 1976 – Section 12 and 13 - Bombay Provincial Municipal Corporation Act – Section 451 (1) – Petitioner Association had submitted its first plan for construction on that plot and that plan was sanctioned on 1-2-80 and the due commencement certificate was given - Then the revised plan was submitted which was rejected 23-6-81 and the second revised plan submitted on claiming was also rejected - Petitioner alleged that the revised plans had been rejected on the sole ground that the available F. S. I. was 1 and not 1-40 as claimed - Petitioner had therefore ultimately filed this petition for the following prayers to be fouud - Honble Court may be pleased to declare notification dated of the Government of under Gujarat Town Planning and Urban Development Act 1976 - State Government and/or the authorities of Municipal Corporation are estopped in law and on facts in contending that permissible FSI on Road for the period from January 1976 till should be and not - Honble Court may be pleased to direct the State Government and/or the Municipal Corporation to adopt reasonable standard in the matter of relaxation of FSI for buildings situate on Road and not to adopt discriminatory and/or arbitrary standards - Factory system into methods of manufacture brought about a great exodus of population from villages into manufacturing centres leading to congestion and overcrowding and cheap and insanitary dwellings were hurriedly erected often in the vicinity of factories - Erection of these dwellings was generally subject to little supervision or control by local authorities and new dwellings were built in close and unregulated proximity with little or no regard to the require. ments of ventilation and sanitation Necessity to make a planned development of these new colonies for housing influx of population in sanitary surroundings was soon felt - To provide for planned and controlled development and use of land in urban areas the Town Planning Legislations were envisaged – Held, Standing Committee had also passed a resolution to that effect in the year 1981- If a citizen or a body of citizens feels that in these circumstances their applications will be considered favourably and if in that anticipation go ahead with the construction public body like Corporation should not sit tight and insist on pound of flesh rule - After all Corporation is a public authority wielding powers but these powers are ultimately to be exercised reasonably and wherever any relaxation in rules is permissible bona fide or mistaken transactions of citizens should be respected though they may not be technically perfects - Scheme to some of the area as amended in the year and that is why whole question is required to be re-examined afresh in the light of all attendant circumstances the Corporation not taking a rigid attitude in such circumstances but examining the question of the citizens construction dispassionately and without resorting to technicalities here or there - It is in these circumstances that court say that petition is not liable to fail on the ground of preliminary objection - It is not correct therefore to say that petition is only a hypothetical one - Notification dated of the Government of Gujarat under the Gujarat Town Planning and Urban Development Act 1976 making provision of F. S. I. of 1 in respect of buildings abutting on the Road is ultra vires - The permissible F. S. I. in respect of the buildings abutting on the Ashram Road cannot be less than F. S. I. 1. 33 - At any rate the building permissions sought for after the proposals of AUDA are to be examined in the light of the said proposals and at any rate the proposals of AUDA regarding F. S. I. have to be complied with - Petition allowed.

N. H. BHATT, J.

( 1 ) THIS is a petition by an Association registered under the Bombay Non-Trading Corporations Act. The Respondent No. 1 herein is the Ahmedabad Municipal Corporation and the Respondent No. 2 is the State of Gujarat. The petitioner-Association has various premises constructed on a plot situated on the Ashram Road Ahmedabad. The petitioner-Association had submitted its first plan for construction on that plot and that plan was sanctioned on 1-2-80 and the due commencement certificate was given. Then the revised plan was submitted on 23-3-81 which was rejected 23-6-81 and the second revised plan submitted on 27-12-82 claiming 1-40 F. S. I. (Floor Space Index) was also rejected on 17-2-83. The petitioner alleged that the revised plans had been rejected on the sole ground that the available F. S. I. was 1 and not 1-40 as claimed. The petitioner had therefore ultimately filed this petition for the following prayers to be fouud at page 32: (B) this Honble Court may be pleased to declare the notification dated 12/08/1983 of the Government of Gujarat under the Gujarat Town Planning and Urban Development Act 1976 making provision of F. S. I. of 1 in respect of buildings abutting on the Ashram Road on and with effect from 16/09/1983 as ultra vires the provisions of Gujarat Town Planning and Urban Development Act 1976 null void and of no binding effect; (C) this Honble Court may be pleased to declare that in view of the provisions of Gujarat Town Planning and Urban Development Act 1976 and the other relevant provisions the permissible F. S. I. in respect of buildings abutting on Ashram Road cannot be less than 1. 33 as operated in the final development plan for the period 1965 to 1975; (D) this Honble Court may be pleased to declare that in respect of city area limits the provisions of regulations of Ahmedabad Urban Development Authority will apply and consequently the Ahmedabad Municipal Corporation authorities cannot exercise any of its powers with regard to the sanctioning of the plan on the basis of any F. S. I. other than the one suggested by AUDA; (E) this Honble Court may be pleased to hold that the action of the State Government in issuing notification dated 12/08/1983 fixing F. S. I. of 1 in Commercial Zone of Ashram Road with effect from 16/09/1983 on a proposal submitted in January 1976 without inviting any objections is clearly illegal null and void and of no effect; (F) this Honble Court may be pleased to direct the Ahmedabad Municipal Corporation to examine the question of permissible F. S. I. on Ashram Road afresh and submit its proposals to the State Government and thereafter only after inviting the objections the State Government can decide as to what should be the permissible F. S. I. on Ashram Road; (G) this Honble Court may be pleased to declare that in any event in respect of the period from January 1976 till 16/09/1983 the permissible F. S. I. on Ashram Road cannot be less than 1. 33 and all existing permissions sought should be granted by the Corporation and/or its officers on that basis (H) this Honble Court may be pleased to direct the State Government and the Ahmedabad Municipal Corporation to act upon the promises and/or assurances held out from time to time by the resolutions and/or by public speeches made with regard to the F. S. I and also to act upon the opinions expressed by expert bodies with regard to the permissible F. S. I. on Ashram Road; (I) this Honble Court may be pleased to hold that the State Government and/or the authorities of the Ahmedabad Municipal Corporation are estopped in law and on facts in contending that the permissible FSI on Ashram Road for the period from January 1976 till 16/09/1983 should be I and not 1. 33 1. 5 or 2. 3; (J) this Honble Court may be pleased to direct the State Government and/or the Ahmedabad Municipal Corporation to adopt reasonable standard in the matter of relaxation of FSI for buildings situate on Ashram Road and not to adopt discriminatory and/
























Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top