Bapunagar Morarjichowk Hitrakshak Samiti vs State of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Guj) 92

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.J. Desai, Aniruddha P. Mayee, JJ.
Bapunagar Morarjichowk Hitrakshak Samiti – Appellant
Versus
State of Gujarat & Others – Opponents
R/Writ Petition (Pil) No.50 of 2015 With Civil Application (For Direction) No.1 of 2016 in R/Writ Petition (Pil) No.50 of 2015 with Civil Application (For Direction) No.1 of 2021
Decided On : 23-03-2022

Advocate Appeared:
For the Petitioner:Mr. M.T.M. Hakim, Advocate.
For the Opponent :R Kamal Trivedi, Advocate General Assisted By Mr. Vinay B. Vishen, Assistant Government Pleader, Mr. R..R. Marshall, Senior Counsel Assisted By Mr. Rituraj M. Meena, Advocates, Mr. Satyam Y. Chhaya, Advocate, Mr. M.N. Marfatia, Advocate.

Headnote:
Constitution of India, 1950 - Articles 14, 19, 21, 226 - Gujarat Housing Board Act, 1948 - Section 24, 38 - Gujarat Town Planning & Urban Development Act, 1976 - Section 123 - Bombay Public Trusts Act, 1950 - Section 24 (j) - Bombay Rules - Rule 17(v) - Equality before Law - Freedom of Speech and Expression - Protection of Life and Personal Liberty - Petitioner for filing present Public Interest Litigation is to restrain respondent Nos.1 to 3 from putting construction over land popularly known as "Morarji Chowk" i.e. land part of Survey on ground that residents of surrounding area are using land for various types of public activities since 4 to 5 decades and respondents have no legal authority to put up any construction as land is referred as playground since year 1954 i.e. when land was given to respondent No.2 - Gujarat Housing Board which was established to provide houses and other amenities at lower rate for weaker section and/or lower income group section of society and was also kept as playground in Town Planning Scheme and area of Ahmedabad Municipal Corporation - Held, As far as emphasis of petitioner in paragraph 9(d) of written statement filed by GHB in Civil Suit is concerned, some minutes were drawn in meeting, however, there is no document whatsoever that lands in question have ever vested with Corporation and when there is no dispute raised by Corporation itself claiming any right over land, submission made on behalf of petitioner cannot be accepted that different stand has been taken by GHB in present proceedings - Now dealing with interest claimed on behalf of petitioner for residents of nearby area, it appears that open land might have been used occasionally by those persons but need of day is to provide land for constructing houses for Police personnel and for other similar purposes and fact that GHB is supposed to undertake Scheme in accordance with law, being owner of lands in question, we do not find any reason to entertain present petition which is filed in nature of public - interest litigation by issuing any other directions, particularly as stated herein above, when in same area other recreation grounds and gardens are available and students of nearby Schools are already using same and it cannot be treated that same is in interest of public at large – Petition stand dismissed.

JUDGMENT :

A. J. Desai, J.

1. By way of the present petition filed in the nature of public interest litigation, under Articles 14, 19, 21, 226 and 227 of the Constitution of India, the petitioner who had applied for the registration as a Trust under the provisions of the Bombay Public Trusts Act, 1950 has prayed as under :-

"(A) This Hon'ble Court may be pleased to quash and set aside the impugned advertisement dated 27.9.2014, Notice inviting tender dated 20.10.2014 and proposed construction of the residential units in and around open space/playground popularly known as "Morarji Chowk" i.e. land part of Survey No.260, 261/4 and 261/7 in Town Planning Scheme No.11 of Old Bapunagar, situated within the Ahmedabad city and area of Ahmedabad Municipal Corporation.

(B) This Hon'ble Court may be pleased to quash and set aside the actions of the respondents of non-response to the Representations dated 13.10.2014, 21.10.2014 and 18.12.2014 made by the petitioner.

(C) Pending admission hearing and till final disposal of present petition, this Hon'ble Court may be pleased to stay the impugned advertisement dated 27.09.2014, notice inviting tender dated 20.10.2014 and proposed construction of the residential units in and around open space/playground popularly known as "Morarji Chowk" i.e. land part of Survey No.260, 261/4 and 261/7 in Town Planning Scheme No.11 of Old Bapunagar, situated within the Ahmedabad city and area of Ahmedabad Municipal Corporation.

(D) Pending admission hearing and till final disposal of present petition, this Hon'ble Court may be pleased to direct the respondents to reply to the representations dated 13.10.2014, 21.10.2014 and 18.12.2014 made by the petitioner."

2. By an oral order dated 13.3.2015, notice was issued to the respondents. State of Gujarat - respondent No.1, Gujarat Housing Board - respondent No.2 and Ahmedabad Municipal Corporation - respondent No.3 were initially joined as parties. Thereafter, one Rhythm Infrastructure Private Limited was joined as respondent No.4 pursuant to an order dated 20.5.2016 passed by the coordinate Bench of this Court.

3. The case put forward by the petitioner for filing the present Public Interest Litigation is to restrain the respondent Nos.1 to 3 from putting construction over the land popularly known as "Morarji Chowk" i.e. land part of Survey No.260, 261/4 and 261/7 on the ground that the residents of surrounding area are using the land for various types of public activities since 4 to 5 decades and the respondents have no legal authority to put up any construction as the land is referred as playground since the year 1954 i.e. when the land was given to respondent No.2 - Gujarat Housing Board (hereinafter referred to as 'GHB') which was established to provide houses and other amenities at lower rate for the weaker section and/or lower income group section of the society and was also kept as playground in Town Planning Scheme No.11 of Old Bapunagar, situated within the Ahmedabad city and area of Ahmedabad Municipal Corporation.

4. In response to the notice issued by this Court, GHB through its Executive Engineer filed affidavit-in-reply on 17.8.2015 denying the contentions raised by the petitioner. Additional affidavit dated 16.3.2016 was also filed by GHB. The petitioner filed rejoinder to the aforesaid two affidavits on 4.6.2016.

5. The respondent No.4 who was given contract/tender for construction of the houses for underprivileged filed affidavit-in-reply on 6.6.2016 and opposed the reliefs prayed for by the petitioner. To the said affidavit-in-reply, rejoinder was filed by the petitioner on 7.6.2016.

6. The Chief Town Planner of Gujarat State on behalf of the State of Gujarat i.e. respondent No.1 filed affidavit-in-reply dated 18.6.2016 whereas affidavit-in-reply has been filed on behalf of Ahmedabad Municipal Corporation - respondent No.2 on 24.6.2016. Rejoinder affidavits have been filed by the petitioner to the aforesaid affidavits on 23.11.2016. Again, additional affi

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