Point of Law: As per Scheme 2016, the petitioners are required to be alloted residential unit in a newly constructed housing society on the basis of public draw.

ORDER :

1. Heard learned advocate Mr. P.C.Chaudhari for the petitioners, learned Assistant Government Pleader Mr. Kanva Antani for respondent State and learned advocate Mr. Kaushal Pandya for respondent Nos. 2 and 3 through video conference. 2. By this petition under Articles 226 and 227 of the Constitution of India, the petitioners have prayed for the following reliefs:

“[A] Your Lordships may be pleased to admit and allow this petition;

[B] Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ order or direction directing the respondent authorities to follow the circular No. BJT/102104/1642/TH-1 dated 11.02.2016 issued by the State of Gujarat and the Public Private Partnership Policy for Affordable Housing framed by the Government of India, Ministry of Housing and Urban Poverty Alleviation [Housing Section]; and further be pleased to allot new tenament/shops to the petitioners and similarly situated occupants of the housing scheme on their original plot only;

[C] During pendency of admission, hearing and final disposal of the present petition, Your Lordships may be pleased to direct the respondent authorities to follow the circular No. BJT/102014/1642/TH-1 dated 11.02.2016 issued by the State of Gujarat and the Public Private Partnership Policy for Affordable Housing framed by the Government of India, Ministry of Housing and Urban Poverty Alleviation [Housing Section]; and further be pleased to allot new tenaments/shops to the petitioners and similarly situated occupants of the housing scheme on their original plot only;

[D] Your Lordships may be pleased to pass any other and further reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.”

3. The petitioners were residing at Revenue Survey No. 20 which is under the town planning scheme Surat No. 28 [Althan- Bhatar](Preliminary Scheme) which is divided into two final plots No. 107 and 116. The petitioner No.1 was residing in Final Plot No. 116 and petitioner No.2 was residing in Final Plot No. 107.

4. Learned advocate Mr. Chaudhari for the petitioners submitted that as per the re-development scheme of the State Government which is promulgated as per circular dated 11.02.2016, the petitioners are entitled to reconstruct houses on their original place as per clause 6.4 of the said circular.

5. Learned advocate Mr. Chaudhari submitted that the respondent-Corporation has sanctioned the plan of constructing the new building on final plot No. 116 and final plot No. 107 which are located at a prime locality in Surat and is given to the developer to construct commercial buildings and therefore, being aggrieved by such action of the respondent-Corporation, the petitioners have preferred this petition.

6. Learned advocate Mr. Chaudhari further submitted that the respondents are bound to follow the circular dated 11.02.2016 in letter and spirit and therefore, any deviation from such circular which stipulates to provide the residential accommodations to the petitioners at their original place is required to be quashed and set aside and the respondent- Corporation is required to be directed to provide accommodation to the petitioners at the place where they were originally situated.

7. Learned advocate Mr. Chaudhari would further submit that the petitioners have paid the amount for hire purchase of their accommodation way back in the year 1980 and they are the sole owner of the premises which were sought to be redeveloped pursuant to the circular dated 11.02.2016. It was therefore, submitted that in the contract agreement executed between the developer and the respondent-Municipal Corporation which refers to the Redevelopment and Public House Scheme, 2016, the petitioners are entitled to get the accommodation on the respective original place. Mr. Chaudhari invited attention of the Court that the sanc