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ARAVIND KUMAR, ASHUTOSH J. SHASTRI
AHMEDABAD MUNICIPAL CORPORATION – Appellant
Versus
SPRAT (SOCIETY FOR PROMOTING RATIONALITY) – Respondent
JUDGMENT :
ARAVIND KUMAR, J.
1. These intra-court appeals are directed against the judgment passed in Special Civil Application No. 13299 of 2021 dated 13.12.2021 disposing of the petition by reserving liberty to the petitioner to approach the appropriate court for damages for the action that corporation had caused and imposing a token cost of Rs. 25,000/- to be paid by the corporation in favour of the petitioner.
BRIEF BACKGROUND OF THE CASE:
2. Petitioner which is a Public Charitable Trust registered under the Bombay Public Trusts Act filed Special Civil Application No. 13297 of 2021 essentially questioning the action of the Ahmedabad Municipal Corporation (‘AMC’ for short) who had sealed the park established by the petitioner and demolished certain structures existing in the park on the ground of same being illegal.
3. AMC who had appeared on service of notice had filed the reply statement denying the averments made in the writ application except to the extent expressly admitted thereunder and contending, inter-alia, that petitioner was granted permission to use the land/plot measuring 50 x 50 sq. mtrs. at Mouje Vejalpur in Final Plot No. 220 of T.P. Scheme No. 1 with a condition tha
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