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2021 Supreme(Online)(Guj) 8656
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/WRIT PETITION (PIL) NO. 141 of 2020 FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE J.B.PARDIWALA Sd/-
and HONOURABLE MR. JUSTICE ILESH J. VORA Sd/-
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1 Whether Reporters of Local Papers may be allowed YES
| 1 | Whether Reporters of Local Papers may be allowed to see the judgment ? | YES |
| 2 | To be referred to the Reporter or not ? | YES |
| 3 | Whether their Lordships wish to see the fair copy of the judgment ? | NO |
| 4 | Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ? | NO |
JAGATBHAI HASMUKHLAL PARIKH Versus STATE OF GUJARAT ================================================================
Appearance:
MR. JIGAR G.GADHAVI, ADVOCATE for the Applicant(s) No. 1,2,3 for the Opponent(s) No. 1,4 MR. SP MAJMUDAR, ADVOCATE for the Opponent(s) No. 3 MR. HJ KARATHIYA, ADVOCATE for the Opponent(s) No. 3 NOTICE SERVED(4) for the Opponent(s) No. 2 ================================================================
CORAM:H ONOURABLE MR. JUSTICE J.B.PARDIWALA and HONOURABLE MR. JUSTICE ILESH J. VORA Date : 18/03/2021
ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)
1. This writ-application has been filed in public interest seeking the following reliefs :
“(A) To quash and set aside the order passed by the respondent no.4 dated 18.07.2019 being order No.TPS- 112019-1308-L (Annexure-N) and all the further and subsequent orders passed by the respondent authorities in favour of the respondent no.3 trust with regard to the construction on the Final Plot No.489 (Residential Plot No.34 of Vasantkunj Society) located in area Paldi of Ahmedabad in Town Planning Scheme No.6 pursuant to the order dated
18.07.2019 (Annexure-N).
(B) The Hon’ble court may be pleased to direct the respondent authorities to remove the construction put up on the Final Plot No.489 (Residential Plot No.34 of Vasantkunj Society) located in Town Planning Scheme No.6 in Paldi at Ahmedabad.
(C) Pending admission, hearing and final disposal of this petition, to direct the respondent no.3 – trust herein not to further proceed with the construction/erection or any other such associated activity on the Final Plot No.489 (Residential Plot No.34 of Vasantkunj Society) located in Town Planning Scheme No.6 in Paldi area at Ahmedabad and further direct the respondent Corporation – respondent no.2 to ensure that no further construction/erection or other such associated activity may continue on the Final Plot No.489 (Residential Plot No.34 of Vasantkunj Society) located in Town Planning Scheme No.6 in Paldi area at Ahmedabad.
(D) To award the costs of this petition.
(E) To pass such other and further reliefs in the interest of justice be granted.”
2. The facts giving rise to this public interest litigation may be summarised as under :
3. The writ-applicants are residents of the Ahmedabad city. The controversy revolves around putting up construction of a ‘Jain Derasar’ in a residential society, namely ‘Vasantkunj Cooperative Housing Society Limited” situated at Paldi, Ahmedabad.
4. The construction of the Jain Derasar is being made on the Final Plot No.489 (Tenement No.34) of the Society referred to above.
5. According to the writ-applicants, the said construction is contrary to and in violation of the provisions of the Gujarat Town Planning and Urban Development Act, 1976 (hereinafter referred to as, the ‘T.P. Act’), the Gujarat Provincial Municipal Corporations Act, 1949 (hereinafter referred to as, the ‘BPMC Act’) as well as the Gujarat Comprehensive Development Control Regulations, 2017 (hereinafter referred to as, the ‘GCDCR, 2017’).
6. It is pointed out by the writ-applicants that the construction of the Derasar is at the instance of the respondent no.3. The respondent no.3 is a Trust registered under the Bombay Public Trusts Act, 1950. The plot in question came to be purchased by the Trust on 11th February 2003. The Trust made it clear from day one onwards that they had purchased the plot with an intention to construct a Derasar. The respondent no.3 – Trust started putting up the construction on the above referred residential plot without obtaining any valid permission from the respondent – Corporation.
7. The writ-applicant no.2 raised objections for the first time in the year 2005 by issuing a statutory notice. However, as no heed was paid and the Trust proceeded with the construction, a writ-application being the Special Civil Application No.23783 of
2005 came to be filed in this Court.
8. On 19th December 2005, this Court passed the following order in the Special Civil Application No.23783 of 2005 :
“Notice returnable on 28.12.2005.
The respondent No.1 to explain as to why so far no action is taken in the matter.
Further construction be stayed forthwith. It will be for the respondent No.1 – Corporation to see that further Construction is not allowed.
Direct service today itself is permitted.”
9. Thereafter, on 28th December 2005, the following order was passed :
“Shri K.D.Pandya states that in this case Shri Prashant Desai is appearing for the respondent – Corporation, who has filed Leave N
