ORAL ORDER

1. These two petitions are pertaining to same Town Planning Scheme No.32 (Gota) and are filed in connection with the Final Plots, which are allotted adjacent to each other.

2. Special Civil Application No.3901 of 2015 is filed praying, inter alia, that:-

“6(A) Your Lordship/s be pleased to admit/allow the present writ petition, in the interest of justice;

(B) Be pleased to quash and set aside the impugned Notice 26.11.2014 (As per Ann.A) issued under Section 67 of the Gujarat Town Planning Urban Development Act, 1976 or Alternatively, direct the respondents, herein, to withdraw the said impugned Notice, forthwith, in the interest of justice.

AND FURTHER (C) Your Lordship/s may be pleased to issue a writ of mandamus or a writ of certiorari or any other appropriate writ in the nature of mandamus or order or direction directing the present respondents to allot or to give physical vacant and peaceful possession of Final Plot No.116 of T.P.Scheme No.32 (Gota), Ahmedabad forthwith in view of oral judgment dated

12.01.2010 (As per Ann.G) in the interest of justice.

(D) …

(E) ...”

3. Special Civil Application No.9628 of 2019 is filed praying, inter alia, that:-

“8(a) Your Lordships, may be pleased to issue a writ of certiorari or any other writ, order or direction in the nature of certiorari, by quashing and setting aside the impugned order dated 02.05.2019 passed by the respondent no.3 herein at Annexure-J and further be pleased to issue a writ of mandamus or any other writ, order or direction in the nature of mandamus, directing the respondents herein to decide the application for variation at Annexure-I and accordingly carry out the necessary variation of T.P.Scheme No.32 (Gota) in respect of Final Plot No.117, as prayed for by the petitioners;

(b) ... (c) ... (d) … (e) ...”

4. The impugned order dated 02.05.2019 passed by the Deputy Estate Officer, North-West Zone, was to the effect that the Revenue Survey no. 139/2 of the sanctioned Final T.P. Scheme No. 32 (Gota) at Mauje Gota has been assigned Final Plot No. 117 consequent to assigning Original Plot No. 117.” As provided under Section-67(B) of the Gujarat Town Planning and Urban Development Act, 1976, all the rights in the original plot re-constituted into final plots by the Town Planning Officer come to an end and the final plots become subject to the rights settle by the Town Planning Officer. Accordingly, no right of the owner/ occupier prevails on the Original Plot No.117. As stated in the notice, the land of original plot which is under your possession, it being vested in the appropriate authority free from all encumbrance, ordered to hand over the possession of the land under deduction of original plot no.117 to Ahmedabad Municipal Corporation. The land owners were handed over direct and open possession of the land under deduction of the original plot no.117 to Ahmedabad Municipal Corporation within 15 (fifteen)

days.

5. In both the petitions, this Court while passing the order, had granted the interim relief to maintain status-quo and restrained the respondents from implementing the notice of taking over possession till the vacant and peaceful possession of their respective final plots’ allotment to the petitioners in the T.P.Scheme No.32 is made.

6. In both these petitions, the respondent-corporation has moved an application for vacating the interim-relief on the ground that the respondent-corporation is unable to implement the Town Planning Scheme especially in connection with opening of a Town Planning Road on account of the occupation of the particular plots of land by the petitioners.

7. From the submissions made by learned advocates for the parties, it is appears that final plots of both the petitions are interconnected and in view of interim-relief operating in favour of the previous petitioner, the petitioner of the subsequent petition was also not getting his final plot.

8. During the course of arguments, several contentions were raised by both the sides pertaining t