The Town Planning Scheme, sanctioned under the Gujarat Town Planning Act, is valid and serves public interest, overriding private claims and previous judicial orders regarding easementary rights.

JUDGMENT :

1. RULE, returnable forthwith. Learned advocates appearing for the respective parties waive service of Rule for and on behalf of the respective parties.

2. By way of the present Petition, petitioners herein have prayed for the following reliefs:

“(A) that the Hon'ble Court be pleased to issue a writ of mandamus and/or certiorari or a writ in the nature of mandamus and/or certiorari or any other appropriate writ, order or direction

(i) quashing and setting aside Town Planning Scheme No. 45/B Chandlodiya to the extent it pertains to land bearing Final Plot No. 21/1 and 21/2, Original Plot No.21, Revenue Survey No.80, Village Chandlodiya, District Sub-District Ahmedabad;

Alternatively,

commanding the respondents to take all steps to vary Town Planning Scheme No. 45/B, Chandlodiya to the extent it pertains to land bearing Final Plot No. 21/1 and 21/2, Original Plot No.21, Revenue Survey No.80, Village Chandlodiya, District, Sub- District Ahmedabad so as not to treat road situated between Final Plot No. 21/1 and 21/2, Original Plot No.21, Revenue Survey No.80, Village Chandlodiya, District Sub-District Ahmedabad as a public street and not to deduct any land from Original Plot No.21, Revenue Survey No.80, Village Chandlodiya, District, Sub-District Ahmedabad;

(ii) Commanding the Respondents not to treat and/or use road situated between Final Plot No. 21/1 and 21/2, Original Plot No.21, Revenue Survey No.80, Village Chandlodiya, District Sub- District Ahmedabad as a public street in any manner;

(iii) Quashing and setting aside order dated 29.04.2021 passed by Assistant Town Planning Officer (North West Zone) (at Annexure T);

(B) that pending the hearing and final disposal of this petition, the Hon'ble Court be pleased to stay Town Planning Scheme No. 45/B Chandlodiya to the extent it pertains to land bearing Final Plot No. 21/1 and 21/2, Original Plot No.21, Revenue Survey No.80, Village Chandlodiya, District, Sub-District Ahmedabad;

(C) that pending the hearing and final disposal of this petition, the Hon'ble Court be pleased to restrain the Respondents from treating and/or using the road between Final Plot No. 21/1 and 21/2, Original Plot No.21, Revenue Survey No.80, Village Chandlodiya, District Sub-District Ahmedabad as a public street in any manner;

(D) that pending the hearing and final disposal of this petition, the Hon'ble Court be pleased to stay order dated 29.04.2021 passed by Assistant Town Planning Officer (North West Zone) (at Annexure T)

(E) for ad-interim relief in terms of prayer (B), (C) and (D) above;

(F) For costs;

(G) for such other and further reliefs as the circumstances may require.”

3. Brief facts leading to the filing of the present Petition read thus:

3.1. The petitioners are the occupants of various sub-plots situated at Raykanagar Society, Chandlodiya, Ahmedabad. The dispute in question pertains to the land admeasuring Acre 2-07 Guntha bearing Survey No. 80, Village: Chandlodiya, District Sub-District: Ahmedabad. The said land was originally owned by one Bababhai Vithhaldas, who passed way on 13.04.1983. The said land came to be sold to promoters of Raykanagar Cooperative Housing Society (proposed). The Society was developed from 1984 and 96 sub-plots and internal roads were carved out on Survey No. 80 and the said plots were sold to various persons. At present, approximately 137 residential units are situated on the said land. The main internal road of the society is of approximately the width of 15 to 25 feet, which ends at sub-plot no. 96. There is a temple on Survey No. 96, which was built with contributions of residents of the society. The internal roads including the one that leads to the temple are used by the residents also for the purpose of parking their vehicles, for organizing events like marriage, other social gathering, prayer meetings, religious functions as well as, as a space fo