( 1 ) THE petitioner, Consumer Protection Council, which is registered under the provisions of the Societies Act 1860 and under the provisions of Bombay Public Trust Act, 1950 has moved this Court by filing this petition under Article 226 of the Constitution of India through its Chairman, who is a Chartered Accountant for claiming several reliefs. 1. 1 the respondent No. 1, Ahmedabad Municipal Corporation, (AMC, for brevity, hereinafter) is a Local Authority functioning under the provisions contained in the Bombay Provincial Municipal Corporations Act, 1949 (hereinafter referred to as the BPMC Act ). Respondent No. 2 is Town Development Officer of the Western Zone of AMC. The petitioner has joined the State of Gujarat through its Secretary, Urban Development, Gandhinagar. The petitioner has moved this Court seeking appropriate writ commanding the respondents No. 1,2 and 3 to enforce the building byelaws, Town Planning Scheme Regulations and the regulations enforcing the provisions of the Development plan and in particular with regard to the properties constructed on C. G. Road and all other areas of the Ahmedabad City in general. 1. 2 the petitioner has also requested the Court to exercise the powers under section 24 of the Civil Procedure Code suo motu, to call for the suits from the City Civil Court at Ahmedabad, filed by owners / promoters / organizers / builders and occupiers of the premises situated on C. G. Road. The petitioner has annexed a list at Annexure a with regard to certain properties and the proceedings filed by the occupiers which are pending in the City Civil Court at Ahmedabad. The petitioner has also requested the Court to direct the respondents No. 1 and 2 to provide complete list of all the litigations filed in the Court by the aforesaid categories of persons.

( 2 ) THE petitioner has pointed out in the petition that in flagrant violation of the rules and regulations and byelaws framed under the Gujarat Town Planning and Urban Development Act (hereinafter referred to as Development Act) and building bye-laws framed under the BPMC Act, construction of buildings had been carried out, and permission is being granted for erection of buildings in violation of the provisions. It is contended by the petitioner that the respondents are silent spectators to the violation of law though they are the guardian and law enforcing agencies with respect to such law. Therefore, the petitioner Society, carrying on the activities of protecting the interest of the consumers and is recognised as a Consumer Association by the State of Gujarat, having locus standie to file this petition, has filed this petition. It is averred in the petition that under the BPMC Act as well as the Development Act, Rules, Regulations and the Byelaws framed, the City is divided for land use zones into Residential, Educational, City, Village, Industrial, Commercial etc. It is pointed out that C. G. Road, i. e. the road commencing from Stadium Cross Roads to Mahalakshmi Cross Road is specifically designated in the Development Plan in a residential zone, and for that purpose the petitioner has relied on the copy of the letter issued by Deputy Municipal Commissioner stating that CG Road and nearby areas, as per the Development Plan, are in residential zone, and not in commercial zone. The said letter dated 8. 7. 1992 is at Annexure b. That letter further makes it clear that as per the development plan, in the residential zone, permission can be granted only for construction of residential houses and nursing homes. However, it is not permissible to grant permission to construct offices in that area. In substance, it is specifically stated that it is a residential zone and permission can be granted for restricted uses only, i. e. residential and nursing homes.

( 3 ). 1 The petitioner has sought reliance on Appendix A-1 USE ZONE TABLE which is annexed to the petition at Annexure c. Reading the same it clearly appears that as