CAV ORDER

1. By way of present petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

[A] THIS HONOURABLE COURT may be pleased to issue a writ of mandamus or a writ in the nature. of mandamus and/or any other appropriate writ, order or direction and may be pleased to direct the respondent No. 2- AUDA to implement the Resolution dated 2.1.2010 in its true spirit and thereby allot the vacant land admeasuring 4645 sq. meters from Final Plot No.100-P to the petitioner;

AND/OR IN THE ALTERNATIVE [A] THIS HONOURABLE COURT may be pleased to direct the respondent No. 3 Authority implement the Town Planning Scheme No.1 qua final plot No.65 as directed earlier by this Honourable Court in Special Civil Application No. 12749 of 2003, which is confirmed up to the Honourable Supreme Court, and to hand over peaceful and vacant possession of land admeasuring 4645 sq. meters of Final Plot No.65; to [B] Pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to direct the respondent- AUDA, to forthwith reply to the Ahmedabad Municipal Corporation instructing them with respect to the land bearing Final Plot No100-P, T.P. Scheme (Thaltej) No.2 (Varied); qua land admeasuring 5675 sq. meters which is vacant land and ear-marked in the map (Annexure-N) from creating any encumbrances or any third party right in respect of the said vacant land, which is allotted to the petitioner- society.

[C] Any other and further relief or reliefs to which this Hon’ble Court deemed fit interest of justice, may kindly be granted.

2. The background of facts leading to the rise of present proceedings is that the petitioner-society, i.e. Nidhi Co-operative Housing Society Ltd. is the owner of the land bearing Final Plot No.65 of Town Planning Scheme (Thaltej) No.1 admeasuring 4645 Sq. Mtrs. The said land is part of sanctioned Town Planning Scheme which was sanctioned by the State Government under Section 65 of the Gujarat Town Planning & Urban Development Act, 1976 (The Act of 1976' for short). It is the case of the petitioner that the land bearing Survey No.89 admeasuring 19627 Sq. Mtrs, Survey No.109 admeasuring

12642 Sq. Mtrs., Survey No.110/1 admeasuring 7588 Sq. Mtrs., and Survey No.110/2 7588 Sq. Mtrs, of village Thaltej, Taluka Daskroi, District: Ahmedabad, were forming part of Thaltej Town Planning Scheme No.1 and the same were given OP No.10, total admeasuring 47450 Sq. Mtrs. against which three final plots were allotted, being Final Plot Nos.34, 57 and 65, admeasuring 6787, 6010 and 20434 Sq. Mtrs. The petitioner being original owner of Final Plot Nos.34 & 57 entered into a sale deed with one Tulsi Park Co-Operative Society and further also entered into the sale deed with Tulsi Park Co-Operative Society in respect of the part of the land admeasuring 15789 Sq. Mtrs. of final plot No.65, wherein Tulsi Park Co-Operative Society Part-1, 2 & 3 are formed and they have put up construction over the said Final Plots.

3. It is further the case of the petitioner that they have entered into the sale deed with predecessor in title in respect of the remaining land admeasuring 4645 Sq. Mtrs., forming part of Final Plot No.65 of Town Planning Scheme No.1 in the year 1996 and are owners of the said land. So far as Final Plot Nos.34 and 57 are concerned, the possession of the said plots was also handed over to Tulsi Park Co-Operative Society, for which there is no dispute, but so far as Final Plot No.65 is concerned, out of the land admeasuring 20434 Sq. Mtrs., possession of 15798 Sq. Mtrs. of land was handed over to the aforesaid Tulsi Park Co- Operative Society and with respect to remaining land, admeasuring 4645 Sq. Mtrs., which was purchased by the petitioner society, possession whereof was not handed over to the petitioner since there was illegal and unauthorized construction put up by one Snehanjali Co-operative Society. Even after sanctioning of the Town Planning Scheme under Secti