ORDER :

A.J.DESAI, J.

1. By way of this appeal under Clause 15 of the Letters Patent, the original petitioners/appellants have challenged an oral order dated 11.4.2023 passed by the learned Single Judge in Special Civil Application No.4216 of 2023, by which the petition filed by the present appellants seeking issuance of writ of mandamus or any other writ or directions quashing and setting aside the action of the redevelopment of the houses/flats situated at premises being 132, M.I.G., (o/o. 384 MIG), Surya Apartment Vibhag-3, Sola Road, Ahmedabad as well as to quash and set aside the order dated 6.2.2023 passed by the Competent Officer of Gujarat Housing Board in Case No.103/2022, by which the original petitioners/appellants were asked to vacate the premises for exercising powers under the provisions of the Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972.

2. The short facts giving rise to the present appeal are as under.

2.1 The appellants/original petitioners, 14 in number, who were occupying the dwelling houses in a society viz. Surya Apartment Vibhag-3, having 132 units and it was originally granted to the allottees by Gujarat Housing Board for last more than 38 years. The association of the society passed a resolution dated 1.12.2019 to go for redevelopment of public housing scheme, for which the guidelines came to be issued in the year 2016. The association of Surya Apartment had made a request to Gujarat Housing Board for redevelopment. The said resolution dated 7.12.2019 was passed by more than 75% of the members. In the month of October 2021, the Gujarat Housing Board issued a tender, for which the said tender was accepted which was submitted by respondent No.4. As per the terms and conditions of the said tender, a tripartite agreement came to be executed on 12.8.2022 between the association of the first part, Gujarat Housing Board of the second part and Katira Construction Limited being party of the third part. Respondent No.4 developer agreed to carry out redevelopment as per the prevailing bye-laws of Ahmedabad Municipal Corporation and Gujarat Development Control Regulations. It was agreed that all the dwelling unit owners shall be provided residential units access, in which they are in possession. As per the agreement and in accordance with the guidelines for 2016, the developer has agreed to grant more space to the extent of 140% than the existing one and has thereby to follow the guidelines and to pu up a construction as per the GDCR.

2.2 Out of 132 dwelling unit holders, 118 dwelling unit holders vacated the premises. Since the appellants/original petitioners had not vacated, the proceedings were initiated under the provisions of Section 5 of the Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972 read with Section 60A of the Gujarat Housing Board Act. Being aggrieved with the said decision, the petition came to be filed.

2.3 The learned Single Judge, at the time of first hearing of the Special Civil Application after recording the submissions made by learned advocate who appeared before the learned Single Judge, issued a notice which was made returnable on 20.3.2023. Gujarat Housing Board filed the affidavit and opposed the petition.

2.4 Considering the observations made in the order dated 7.3.2023 which was issued by the learned Single Judge at the time of issuing notice, an additional affidavit dated 25.3.2023 was also filed, by which the Gujarat Housing Board had produced relevant documents in connection with the submissions made by learned advocate for the petitioners and observed in the order of notice.

2.5 After having heard learned advocates appearing for the respective parties, the petition came to be dismissed. Hence this appeal.

3. Mr. Bharda, learned advocate appearing for the appellants, at the outset, submitted that they have no reservation against the develop