VIPUL M. PANCHOLI, J.

1. This petition is filed under Article 226 of the Constitution of India, in which, the petitioners have prayed for the following reliefs:

"(a) admit and allow present petition,

(b) issue a writ of mandamus or any other writ, order or direction restraining respondents from demolition/redevelopment of Block No.H/28 of Ekta Apartment situated on final plot No.297 of Town Planning Scheme No.29 of village Vadaj.

(c) issue a writ of mandamus or any other writ, order or direction directing respondents to repair damages caused to Block No.H/28 and damage caused to properties (shop No.215, 216 and 217) owned by present petitioners in Ekta Apartment situated at final plot No.297 of Town Planning Scheme No.29 of village Vadaj.

(d) Declare that, Redevelopment of Public Housing Guideline, 2016 issued by the Urban Housing Development Department, State of Gujarat, do not apply in facts of the present case,

ALTERNATIVELY,

(d) Issue a writ of certiorari or any other writ order or direction, quashing and setting aside Redevelopment of Public Housing Guideline, 2016 issued by Urban Housing Development Department, State of Gujarat and further declare it to be illegal and unconstitutional and not having any legal force.

(e) Restrain respondents from demolishing or damaging or redeveloping Block No.H/28 of Ekta Apartment situated at final plot No.297 of Town Planning Scheme No.29 of village Vadaj pending admission, hearing and final disposal of above captioned Special Civil Application.

(f) pass any other and further orders as deem fit in the interest of justice."

2. Heard learned Senior Advocate Mr.Mehul S. Shah assisted by learned advocate Mr.Tattvam K. Patel, learned advocate Mr.Nirzar S. Desai for respondent No.1, learned Senior Advocate Mr. Anshin H. Desai assisted by learned advocate Mr.Padmaraj K. Jadeja for respondent No.2, learned Senior Advocate Mr.Y.N. Oza assisted by learned advocate Mr.H.J. Dholakia for respondent No.3. Looking to the issue involved in the petition and with the consent of the learned advocates for the parties, the petition is being heard and decided finally.

3. Learned Senior Advocate Mr. Mehul S. Shah appearing for the petitioners submitted that the land situated at Village Vadaj, Town Planning Scheme No.29, Final Plot No.297, admeasuring 14176 sq. meters was originally belonged to Gujarat Housing Board. On the said land, Ekta Apartment is constructed, which is having approximately 60 flats and 36 shops. The petitioners are owning and occupying Shop Nos.215, 216 and 217 situated at ground floor in Block No.H/28 (hereinafter referred to as "the properties in question"). It is submitted that the properties in question were given to one Piyushkumar Amrutlal Jani by the respondent Board in the year 1995 by registered Conveyance Deed. The petitioners purchased properties in question by registered Sale Deed dated 30.10.2007. It is submitted that the petitioners are running business of lathe work in the name of "Surat Engineering Works" in the properties in question since 2007.

3.1 Learned Senior Advocate, thereafter, submits that before filing of the petition, respondent No.2 suddenly started demolition work in the different units/building of Ekta Apartment. The petitioners, therefore, inquired and during the inquiry, it was revealed that respondent No.2, which is a developer, has entered into tripartite Agreement with respondent No.1 Board and with different members of Ekta Apartment. It was further revealed that some of the individual owners of the different properties of Ekta Apartment gave their consent for the purpose of redevelopment and, therefore, the respondent Board had floated tender for redevelopment, in which, the tender of respondent No.2 was accepted and the work order is given to respondent No.2. It is submitted that the petitioners have never submitted consent forms to the respondents. The petitioners, therefore, asked for the information under the Right to Information Act, 2005 and the r