ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. The instant appeal is directed against the judgement and order dated 01.02.2024 passed by the learned Single Judge in dismissing the writ petition noticing that the Town Planning Scheme in question is laid down by the competent authority, after following due provisions of law, considering the objections of the petitioners and in public interest. The Municipal Corporation, namely the Ahmedabad Municipal Corporation (respondent No.2) ( in short as “the Corporation”) before the writ Court, was not a party to the litigation namely Regular Civil Suit No.771 of 1996, which was with respect to the easementary rights between the private parties and the same being not binding to the respondent No.2 herein or the State authorities will have no relevance for the case.

2. It was noted that for approaching Final Plot No.70, which is reserved for public purposes, there is no other approach road. The Corporation has explained in the affidavit-in-reply that Final Plot No.70, which is adjacent to Survey No.80 (now allotted Final Plot No.21/1 and 21/2) of the petitioner, has been reserved for public purpose. The only assess to Final Plot No.70 is through 7.5 meters, the road passing through Survey No.80 (now Final Plot No.21/1 and 21/2). The Final Plot No.70, which is reserved for public purpose may be developed for any appropriate public purpose, as referred in the affidavit of the Corporation. Further there is no accessible road to Final Plot No.70 reserved for public purpose as also original Survey No.93/2 (Final Plot No.34). With these reasonings, the learned Single Judge has dismissed the writ petition.

3. We may note that 93 persons have joined in filing the writ petition, out of which the instant appeal has arisen, with the relief to quash and set aside the Town Planning Scheme No.45/ B, Chandlodiya, District, Sub-District: Ahmedabad and further not to treat the road situated between Final Plot No.21/1 and 21/2, original Plot No.70, Revenue Survey No.80, Village; Chandlodiya District: Ahmedabad as a public street and not to deduct any land from original Plot No.21, Revenue Survey No.80 as detailed above. Further relief is to quash and set aside the order dated 29.04.2021 passed by the Assistant Town Planning Officer (North West Zone) appended at Annexure-T to the writ petition.

4. We may note, at the outset, that the petitioners claimed in the writ petition that there is a private internal road in original Plot No.21 (Final Plot Nos.21/1 and 21/2), and the petitioners cannot be deprived of the private road without authority of law. The act of the respondents in providing access to the occupants of Revenue Survey No.93/2, Final Plot No.34, whose suit against the occupants of land bearing Survey No.80, (Final Plot No.21/1 and 21/ 2) has been dismissed by the Civil Court, is an effort to override the process of law.

5. On a query made by the Court, learned counsel for the appellants submitted that the appellants are occupants of residential houses situated on the original Plot No.21, the Revenue Survey no.80, in the name of Raykanagar Society, Chandlodiya, Ahmedabad. But, it is admitted that the petitioners have no right, title or interest in the land in question, wherein they are residing by construction of their residential houses and further that the Society named above, is not a registered residential society under the Societies Registration Act, 1860. It is an admitted fact of the matter that the petitioners had constructed their houses and later got the constructions regularized by paying impact fee to the Corporation.

6. On a further query made by the Court at the beginning of the arguments, it was categorically submitted by the learned counsel for the respondent Corporation that as a consequence of the implementation of the draft scheme pursuant to the notice under challenge, unauthorized construction lying in the way of the construction of the public road/ac