Owners of land designated for public purposes retain the right to raise objections during the planning process, as provided under the Town Planning Act.

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 the Ahmedabad Urban Development Authority had executed sale-deeds in favour of the appellant and after sanction of necessary plans, by the Ahmedabad Urban Development Authority various structures required for transport activities such as godowns, garages, workshops, offices etc., had been raised.

2. The contention of the original petitioner/appellant herein is that the ‘Draft town planning scheme’ prepared by the AUDA, sanctioned by the State Government under the Gujarat Town Planning Urban Development Act, 1976 ignored the existing infrastructure, while providing for 45 mtr. Development Plan road (D. P. Road), which passes through almost in the middle of the Transportnagar. The contention is that as a result of preparation of the Draft scheme by AUDA, incorporating 45 mtrs. D. P. road, approximately 74 godowns/ garages/ offices would have to be demolished. The submission is that as a result of sanction of ‘Draft town planning scheme’ by the State of Gujarat on 02.12.2013, the appellant/ petitioner is facing imminent threat of demolition of the existing construction. At this stage, the writ petition had been filed challenging the action of AUDA in preparation of the ‘Draft town planning scheme’, which has been dismissed vide judgment and order dated 06.05.2019 passed by the learned Single Judge.

3. The Division Bench in the present appeal has passed an order dated 14.07.2021 in the following manner:-

“Order in Letters Patent Appeal

1. We have heard Mr. M.C. Bhatt, the learned Senior counsel assisted by Mr. Jigar P. Raval, the learned advocate appearing for the appellant [original writ applicant], Mr. H.S. Munshaw, the learned Counsel appearing for the respondent No.1-AUDA, Mr.Chintan Dave, the learned AGP appearing for the State of Gujarat and Mr. Deep D. Vyas, the learned counsel appearing for the respondent No.4 – Municipal Commissioner, Ahmedabad Municipal Corporation.

2. Mr. Bhatt, the learned Senior counsel appearing for the appellant has given us more than a fair idea about the controversy involved in the present litigation. The matter requires consideration.

Admit.

Order in Civil Application

1. By this application, the applicant [appellant/original writ-applicant] has prayed for the following reliefs:

“(A) Pending admission and final disposal of the appeal, the Hon’ble Court be pleased to restrain the respondents by the order of interim injunction from implementing and enforcing the impugned draft TP scheme and taking any further action for framing preliminary scheme in pursuance of draft town planning scheme so far it relates to the land in question and further be pleased to restrain the respondents from disturbing possession and / or evicting the appellant-petitioner and its members from the actual possession of the land in question and direct the res