IMPORTANT POINT
The court upheld the validity of the redevelopment process under Section 41A of the Gujarat Ownership Flats Act, 1973, and directed the respondents to vacate their flats and hand over peaceful and vacant possession for redevelopment.

JUDGMENT :

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

“7. In the aforesaid premises, the petitioners prays as under :

A. This Hon’ble Court may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction:

(i) Holding and declaring that the action of the respondent authorities of directing the petitioner no.1 society and its members to repair and secure the dilapidated, dangerous and ruinous structures of the petitioner no. 1 society instead of taking appropriate steps to have these dangerous structures vacated/evicted and demolished, is without any application of mind, unconstitutional, unreasonable, irrational, unjustified, and amounts to a refusal to perform their duty under the provisions of the Gujarat Provisional Municipal Corporations Act, 1949 and is in clear disregard and contravention of the provisions of the Gujarat Ownership Flats Act, 1973.

(ii) Quashing and setting aside the notice dated 31.3.2022 issued by the respondent authorities to the extent that it seeks to direct the petitioner no. 1 society and its members to repair and secure the dilapidated, dangerous and ruinous structures of the petitioner no. I society instead of taking appropriate steps to have these dangerous structures vacated/ evicted and demolished.

(iii) Directing the respondent authorities to take appropriate steps for vacating/ evicting and demolishing the dangerous and dilapidated structures of the petitioner no. 1 society in terms of and in exercise of powers and duties under the provisions of the Gujarat Provisional Municipal Corporations Act, 1949.

AA. Your Lordships be pleased to issue a writ of mandamus ot any other appropriate writ commanding Respondent no.6 & 7 to handover vacant and peaceful possession of their flats for the purpose of redevelopment as per Section 41A of the Gujarat Ownerships Flats Act, 1973.

B. Pending the admission, hearing and final disposal of the present petition, this Hon'ble Court may be pleased to stay and suspend the operation and implementation of the respondent authorities' direction, as contained in the notice dated 31.3.2022, directing the petitioner no. 1 society and its members to repair and secure the dilapidated, dangerous and ruinous structures of the petitioner no. 1 society and be further pleased to direct the respondent authorities to take appropriate steps for getting the dangerous and dilapidated structures of the petitioner no. 1 society vacated/evicted and demolished in in exercise of powers and duties under the provisions of the Gujarat Provisional Municipal Corporations Act, 1949.

C. Ex parte ad interim relief in terms of prayer B hereinabove be granted.

D. Such other and further reliefs as may be deemed fit in the facts of the present case may be granted.”

2. The petitioner No.1 is a co-operative housing society registered under the provisions of the Gujarat Co-operative Societies Act, 1961 vide registration No.D/6185 dated 12.12.1975. The petitioner No.1 is the owner of land admeasuring 2331 sq.mtrs at Block/Survey No.106 paiki, Final Plot No.71 in Town Planning Scheme No.19 in village : Vadaj, Taluka : Sabarmati, District : Ahmedabad. The aforesaid is situated opposite D.K. Patel Hall, Naranpura, Ahmedabad. In 1977-78, a total of 4 blocks (Block A to D) comprising of total 48 – 1BHK residential apartments of approximately 56 sq. meters each, were constructed and these flats were allotted to 48 persons who became members of the petitioner society. These flats are known as “Rang Milan Flats”. The petitioner No.2 is the Chairman and the petitioner No.3 is the Secretary of the petitioner No.1 society.

2.1 The construction of the flats is more than 44 years old and the structures are in a highly dilapidated and dangerous state. The blocks are structurally unsafe and not repairable anymore. The structures are so ruinous that they can