J.B.PARDIWALA

1. By way of this writ-petition under Article 226 of the Constitution of India, the writ-petitioner, a public charitable trust through its Managing Trustee, has prayed for the following reliefs :

“12. (A) admit this petition by issuing writ of mandamus, certiorari and/or any writ, order or direction upon Respondent no.1 & 2 or its servant, agents etc. to permit the usage of the concerned areas situated at (a) Pushpakunj Swimming Pool, Eastern side, Maninagar, (b) Swastik Cross Road, C.G. Road, Cross Road connected with Municipal Market to Shilp Cross Road and (c) Law Garden – Samartheshwar Mahadev Cross Road to Gajjar Hall Cross Road, Eatery Market to N.C.C. Road, on any suitable terms and condition, which may be deemed fit, just and proper to this Hon'ble Court.

(B) Pending hearing and final disposal of this petition, Your Lordships be pleased to pass appropriate order of staying the implementation on operation of the impugned action of declaration of issuance of notification of declaration for “No Parking Zone” declared by Respondent No.1 and 2 for the purpose of utilizing the concerned areas situated at (a) Pushpakunj Swimming Pool, Maninagar, (b) Near Swastik Cross Road, C.G. Road and (c) Samartheswar Cross Road, Near Law Garden etc. on any suitable terms and conditions, which may be deemed fit, just and proper to this Hon'ble Court.

(B)(i) Alternatively, Your Lordships further be pleased to pass appropriate order restraining and/or implementing the disputed action of issuance of notification of “No Parking Zone” in the areas situated at (a) Pushpakunj Swimming Pool, Maninagar, (b) Near Swastik Cross Road, C.G.Road and (c) Samartheswar Cross Road, Near Law Garden etc. for the public purpose, which has been implemented on and from 16.04.2012 on any suitable terms and conditions, which may be deemed fit, just and proper to this Hon'ble Court.

(C) Pending admission and final hearing of this petition, Your Lordships further be pleased to pass suitable interim relief as prayed herein above at para 9 upon Respondent No.1 & 2 to submit its status report with regard to disputed Government notification of declaration of “No Parking Zone” in the vicinity of city of Ahmedabad in the areas of (a) Pushpakunj Swimming Pool, Maninagar, (b) Near Swastik Cross Road, C.G.Road and (c) Samartheswar Cross Road, Near Law Garden etc. and after adjudicating the aforesaid status report submitted by Respondent No.1 and 2 and/or its servant, agents etc. before this Hon'ble Court, suitable direction for the purpose of using all such areas by the people on any suitable terms and condition, which may be deemed fit, just and proper and in the special facts and circumstances of the case.

(D) Such other and further relief or reliefs as may be deemed just and expedient in view of the facts and circumstances of the case may be granted.”

2. Facts relevant for the purpose of deciding this petition may be summarised thus :

1. The writ-petitioner, a public charitable trust has brought to our notice a notification dated 7th April 2012 issued by the Police Commissioner of Ahmedabad city, whereby three roads in the city of Ahmedabad have been declared as 'Vehicle-Free Zone' on every Sunday between 4:00 pm. and 11:00 pm. The three places covered under the notification are as under :

(i) From Pushpkunj Snanagar to Jaldhara Vasant Vadi Road via Kids City in the East.

(ii) The road from Swastik Cross Road, C.G.Road to Shilp Cross Road via Municipal Market.

(iii) From the Cross Road of Samartheswar Mahadev to N.C.C. Road via Gajjar Hall Cross Road and Fast Food Market.

2. As per this Notification, no vehicles will be permitted on every Sunday between 4:00 pm. and 11:00 pm. and only the pedestrians will be entitled to use the roads covered under the said Notification.

3. It is the case of the petitioner that this Notification is going to cause immense hardship to the general public at large as Sunday is one day in a week when the whole family would like to go o