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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, D.N.RAY
Transportnagar - Aslali Thru Secretary Arvind Garg – Appellant
Versus
Ahmedabad Urban Development Authority – Respondent
| Table of Content |
|---|
| 1. facts of the case regarding transportnagar project. (Para 1) |
| 2. claims of appellant regarding draft town planning scheme. (Para 2) |
| 3. court's observations on town planning officer's role. (Para 3 , 4 , 5 , 6 , 7) |
| 4. directions given to address objections to the draft scheme. (Para 8) |
ORDER :
SUNITA AGARWAL, CJ.
1. The appellant/petitioner herein has approached this Court at the stage of preparation of ‘draft town planning scheme No.129 [Aslali – Jetalpur]’, in sofar as it relates to the lands-in-question namely an area of 77,000 sq.mtrs., over which Transportnagar has been established, after acquisition of the lands total admeasuring 1,77,000 sq.mtrs. comprising of different villages. It is stated in the writ petition that the ‘Ahmedabad Urban Development Authority’ [in short referred to as ‘AUDA’] had conceived a project for establishment of Transportnagar at the outskirts of the city of Ahmedabad to ease the traffic congestion and to minimize pollution. Out of the total acquired area admeasuring 1,77,000 sq. mtrs., about 77,000 sq.mtrs. had been allotted to the appellant/original petitioner herein for the purpose of establishing Transportnagar. It is contended that t
Owners of land designated for public purposes retain the right to raise objections during the planning process, as provided under the Town Planning Act.
Due process mandates that petitioners must be granted an opportunity to voice their objections before finalizing a Town Planning Scheme, as prescribed under the relevant rules, ensuring procedural fa....
The court emphasized the necessity of providing a fair hearing and consideration of objections in town planning procedures, reinforcing compliance with established rules.
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.
The right to seek variation of a Town Planning Scheme is not absolute and must be exercised in accordance with procedural requirements; earlier objections must be raised during the planning process.
Point of Law : State Government is directed to take appropriate decision in accordance with law and on merits, after considering the objections and suggestions, if any, received and considering sec.6....
Legal contention raised about applicability of Article 243ZD etc. has no application to the facts of the present case as the same applies only if the Scheme in question is framed by the concerned Mun....
The Court upheld the Assistant Estate Officer's eviction order under the Town Planning Act, confirming that petitioners' objections were unsubstantiated given their failure to challenge the Town Plan....
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