IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/MISC. CIVIL APPLICATION (FOR CONTEMPT) NO. 1343 of 2025 In R/SPECIAL CIVIL APPLICATION/3315/2024 ================================================================

SAMIR SITENDRA DUTTA Versus BANCHHA NIDHI PANI, MUNICIPAL COMMISSIONER, AHMEDABAD MUNICIPAL CORPORATION & ANR.

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Appearance:

MS BANNA S DUTTA(315) for the Applicant(s) No. 1 MR G H VIRK(7392) with MR SIMRANJITSINGH H VIRK(11607) with MR JAGRAT SHAH for the Opponent(s) No. 1,2 ================================================================

CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR.JUSTICE L. S. PIRZADA Date : 23/03/2026

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)

1. Heard learned advocate Ms. Banna S. Dutta for the applicant and learned Government Pleader Mr. G.H. Virk with learned advocate Mr. S. H. Virk and learned advocate Mr. Jagrat Shah for the respondent Nos. 1 and

2.

2. This application, under the Provisions of the Contempt of Court’s Act, 1971 (for short “the Act”) is preferred for alleged non-compliance of the order dated 15.04.2025 passed in Special Civil Application No. 3315 of 2024. The operative portion of the order dated

15.04.2025 reads as under :

“5. Considering the submissions, it is noticed that TDR certificated was issued in favour of petitioner for final plot no 941. However, on account of disputed ownership only for the portion of land between petitioner and State Government, TDR for entire final plot was kept on hold. The prayer of the petitioner is to release TDR for undisputed portion of land, which is now demarcated by DILR. The State Government has no objection to issue TDR for such undisputed land.

Therefore, following directions are passed, (i) Let the survey be carried out of final plot no. 641, by the Corporation in the presence of petitioner within the period of one week from the date of receipt of the order.

(ii) Once the date is fixed for survey, the Corporation shall inform to the petitioner well in advance to remain present. Considerable time has lapsed therefore, the corporation is directed to act without further delay. Since measurement of plot is done by DILR, no fresh measurement is required.

(iv) Once the survey has been done, the TDR kept on hold vide communication dated 16.05.2025 shall be removed forthwith or a fresh TDR shall be issued for the undisputed land within a period of one weeks thereafter.”

3. By order dated 28.04.2025, the corrections were made in the aforesaid operative portion as under:

“1. By way of this Speaking to Minutes note the petitioner has prayed to make the following corrections in order dated 15.04.2025 in Special Civil Application No. 3315 of 2024 with Civil Application (for Production of Additional Evidences) No. 1 of 2024 in Special Civil Application No. 3315 of

2024:-

(i) In second line of Paragraph No. 5 the word ‘certificated’ be replaced with the word ‘certificate’.

(ii) In first line of Paragraph No. 5(i), ‘641’ be replaced by ‘941’.

(iii) In second line of Paragraph No. 5(iv), the phrase ‘shall be removed forthwith or a fresh TDR shall be issued’ be replaced with ‘shall be removed forthwith or a fresh TDR with effect from 02.07.2021 shall be issued’.”

4. Learned advocate Ms. Banna S. Dutta for the applicant submitted that the aforesaid order is not complied with and therefore this application is preferred, whereas on the other hand, learned advocate Mr. G.H. Virk for the respondents submitted that the aforesaid order is complied with as the direction with regard to the survey of land in question and issuance of the Transfer of Development Rights(TDR) for undisputed land is already issued. He has further referred to the following averments in the affidavit in reply filed on behalf of the respondent No. 2 which reads as under:

“2. It is respectfully submitted that in compliance with the aforesaid directions issued by the Hon’ble Court, the officers of the Respondent Corpor