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 Planning Scheme earlier.

JUDGMENT :

J. L. Odedra, J.

1. The petitioners herein, having been aggrieved by the action of the respondent no.2, the Ahmedabad Municipal Corporation, inter alia, in issuing the order dated 21.05.2025 of the respondent no.3, the Assistant Estate Officer, calling on the petitioners to vacate the subject premises, situated on Original Plot Nos.181 and 182 of Survey No.156 and 181 (original Revenue Survey No.156 and 181) of Village Acher, Sabarmati Taluka, Ahmedabad, have preferred the present Special Civil Application.

2. The prayer clause of the Special Civil Application No.7357 / 2025 reads thus:

(A) Your Lordships may be pleased to admit and allow this petition.

(B) Your Lordships may be pleased to issue writ of certiorari or writ of mandamus or any other appropriate writ, order or direction quashing and setting aside the impugned order dated 21.05.2025 (Annexure-A) and notice dated 19.04.2025 (Annexure-B) issued by the respondent no. 3 to the petitioners and be pleased to quash and set aside the entire exercise of evicting the petitioners and removing /demolishing the properties occupied by the petitioners situated on land mentioned in sketch overleaf the impugned notice dated 19.04.2025 (Annexure-B).

(C) Your Lordships may be pleased to quash and set aside the impugned T.P. Scheme being Final T.P. Scheme No. 23(Sabarmati) being illegal and unconstitutional so far as it affects and relates to properties occupied by the petitioners mentioned in the sketch with notice dated19.04.2025.

(D) During the pendency and till final disposal of the petition, by way of interim relief, Your Lordships may be pleased to stay the operation, implementation and execution of the the impugned order dated 21.05.2025 (Annexure-A) and notice dated 19.04.2025 (Annexure-B) issued by the respondent no. 3 and be pleased to restrain the respondents from taking any further action against the petitioners in pursuance of order and notice Annexure-A and B and be pleased to direct the respondents to maintain the status quo in respect of the properties of the petitioners.

(E) Any other relief deemed fit to meet the ends of justice may be granted.

3. The factual narration, as is forthcoming from the pleadings in the present Special Civil Application, is as follows:

a. The petitioners, who are occupants, having their residences and small space for their livelihood, allegedly since last many decades, have received impugned order dated 21.05.2025, whereby the petitioners have been called upon to handover vacant and peaceful possession of the land mentioned in the said order within seven days to the Ahmedabad Municipal Corporation, the respondent no.2 herein. That vide the said order, passed by respondent no. 3, Assistant Estate Officer, Ahmedabad Municipal Corporation, it has been stated that failing the handing over of the possession as aforesaid, the eviction of the petitioners shall follow, including the demolition of the properties of the petitioners.

b. Before the passing of the impugned order dated 21.05.2025, notices dated 19.04.2025,