IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 946 of 2022 In R/SPECIAL CIVIL APPLICATION NO. 10717 of 2018 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 946 of 2022 ==========================================================

AMBEDKAR SHOPPING COOPERATIVE SERVICE SOCIETY LTD & ANR.

Versus STATE OF GUJARAT & ORS.

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Appearance:

MR RR MARSHALL, SENIOR ADVOCATE with MR ADIL R MIRZA, ADVOCATE for the Appellants MS HETAL PATEL, AGP for Respondent No. 1 - State MR KAMAL TRIVEDI, ADVOCATE GENERAL &

MR PRASHANT DESAI, SENIOR ADVOCATES with MR KAUSHAL D PANDYA, ADVOCATE for Respondents No.2 to 5 MR MIHIR THAKORE, SENIOR ADVOCATE with MR AMIT K DAVE, ADVOCATE for Respondent No. 6 ========================================================== CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE SANJEEV J.THAKER Date : 15/12/2025

ORAL ORDER

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

1. Perused the affidavit dated 14.12.2025 filed on behalf of the Surat Municipal Corporation, in compliance of the order dated 17.11.2025 passed by this Court. We may note that the issue in the present Letters Patent Appeal has been addressed at different stages by this Court in the orders dated 12.07.2022 and 14.08.2025. By order dated 12.07.2022, the Court in the present appeal, has made an effort to find out a solution to carry out redevelopment project of the Corporation. On consideration of the stand of the occupants of the Dr.Ambedkarnagar Shopping Centre, Maan Darwaja, Ring Road, Surat, it was directed that the meeting be convened by the Corporation with members, occupants and office bearers recognised by the Corporation as tenants as on 2017 and all endeavour shall be made by both the parties to resolve dispute for ensuring peace. While saying so, on the submission made by the learned advocate appearing for the original petitioners/appellants, upon instructions, it was noted that the occupants shall pay double the rent to the Corporation without prejudice to their rights and contentions urged in the petition. Attention of the Court is invited to the order dated 21.07.2022 in this appeal, wherein, it is recorded that the learned advocate for the petitioners had handed over 68 demand drafts which were received by the learned advocate appearing for the respondents without prejudice to the rights of the respondents. For the remaining 20 drafts, it was recorded that they will be handed over at the office of the respondents. It is an admitted case of the parties that 88 occupants of the building or the shops/offices in the building known as Dr. Ambedkar Shopping Centre, Mann Darwaja, Ring Road, Surat have been paying double the rent since 01.01.2017 under the interim directions contained in the order dated 12.07.2022 in the present appeal.

2. Having noted the said fact, by order dated 14.08.2025, we have directed the learned advocate appearing for the respondent – Corporation to place before the Court the proposal to accommodate the members / office bearers of the petitioner Association / occupants of the shops / offices in the Dr. Ambedkar Shopping Centre, who have been recognised by the Corporation pursuant to the order dated 12.07.2022, i.e. those who are paying double the last paid rent from 01.01.2017 till date. We may also take note of the stand of the Corporation in the affidavit dated 14.07.2025, wherein paragraph-8 states as under :-

“8. I respectfully say that as per the terms of the tender, the time limit of the Redevelopment project is 36 months which will commence from the 15th day of issuance of work order. I further submit that the Redevelopment project envisages several benefits for the shop/office holders of the subject Shopping Centre. I respectfully say that by virtue of the Redevelopment project, the shop/office holders will be getting newly constructed premises which will have 25% m