Point of law: There remains no shadow of doubt that where the draft scheme has been sanctioned by the Government, the lands required for the purposes specified in the clauses (c), (f), (g) or (h) of Section 40(3) would automatically vest in the appropriate authorityas per Section 48(A) and that the person, who is not entitled to occupy the land under the sanctioned draft scheme can be summarily evicted under section 48A(3) of the said Act, on the analogy of the provisions contained in section 68 of the Act read with Rule 33 of the Rules.

ORDER :

1. By way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs :-

“(A) To stay the operation, implementation and execution of the impugned notice dated 18/06/2021 at Annexure – F issued by the Ahmedabad Municipal Corporation and impugned order dated 20/09/2021 at Annexure – I passed by the Town Planing Officer,

(B) Be pleased to permanently restrain the respondent authorities to take possession of land of petitioners bearing survey No.1081, Original Plot No.294 admeasuring 2125 sq. mt, without handing over the possession of Final Plot No.294 admeasuring 1275 sq. mt., which was allotted to petitioners under the Scheme.”

2. The background of facts which has given rise to filing of the petition is that the petitioners are the owners and occupiers of land bearing survey No.1081 situated in the sim of Village Shilaj, Taluka Ghatlodia, District Ahmedabad. The aforesaid land of the petitioners was included in the Draft Town Planning Scheme bearing No. 405/Shilaj/Ambali under the provisions of the Gujarat Town Planning and Development Act, 1976. The land bearing survey No. 1081 admeasuring 2125 sq. mtrs. was allotted final plot at some other place having final plot No. 294 admeasuring 1275 sq. mtrs. as 40% of land was deduced in the scheme. Earlier, according to the petitioners, 20 meters was carved out from the land of the petitioners for the purpose of widening of the road, but now, the Corporation is further widening the road from 20 meters to 40 meters, by virtue of which, the entire land appears to have been covered on the issue of widening of the road. According to the petitioners, there are other 43 survey numbers which are also covered for the purpose of widening of the road which is clear from the letter of Ahmedabad Urban Development Authority dated 08.05.2010, by which, it was informed in general to all 44 owners of the land that their lands are required for the purpose of widening of the road. The State Government, by virtue of notification dated 25.10.2017, was pleased to sanction the Draft Town Planning Scheme and pursuant to it, notice has been issued on 18.06.2021 and the State Government has sanctioned the Draft Town Planning Scheme under Section 48(2) of the Town Planing Act and as such, notice was issued calling upon the petitioners to hand over the possession within a period of 10 days.

2.1 The petitioners have indicated in the petition that the petitioners have replied to the said notice, raising an objection on 28.06.2021 mainly contending that unless and until the possession of final plot allotted to the petitioners is given, the authority has no right to take away the possession of the land belonging to the petitioners as this is the only land belonged to all the petitioners and as such, they have requested the authority to hand over the possession of final plot which has been allotted to the petitioners first in point of time. It has further been submitted that the petitioners are ready and willing to hand over the possession of their portion of survey No. 1081, moment the final plot would be allotted to them and to that effect, the writing has also been given on 30.07.2021. But some how, the authority has passed an order on 20.09.2021 directing the petitioners to hand over the possession within a period of seven days. As a result of this, left with no other alternative, the petitioners have submitted this petition with the reliefs as indicated herein above.

3. Learned advocate Mr. Jitendra Patel appearing on behalf of the petitioners has raised two fold submissions. Firstly, it is submitted that the possession is normally to be simultaneously handed over and as such, so long as final plot which has been allotted to the petitioners is given, there is no right of the respondent authority to take away the possession of the existing land belonging to the petitioners. Secondly, it has been submitted that as many as 44 persons are affected by virtu