Gujarat High Court
Anaj Bazar Cooperative Shops &Ware ... vs A'Bad Municipal Corporation & on 21 January, 2009
Author: Ravi R.Tripathi
Bench: Ravi R.Tripathi
SCA/548/2008 1/6 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No. 548 of 2008
with
SPECIAL CIVIL APPLICATION No. 1216 of 2008
to
SPECIAL CIVIL APPLICATION No. 1227 of 2008
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ANAJ BAZAR COOPERATIVE SHOPS &WARE HOUSING SOCIETY LTD -
Petitioner(s)
Versus
A'BAD MUNICIPAL CORPORATION & 1 - Respondent(s)
=========================================================
Appearance :
MR. B.B.NAIK for M/S THAKKAR ASSOC. for Petitioner(s)
MR. Prashant G. DESAI with MR DHAVAL G NANAVATI for Respondent(s) : 1
- 2.
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CORAM : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE MR.JUSTICE RAJESH H.SHUKLA
Date : 21/01/2009
COMMON ORAL ORDER
(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. Heard learned Senior Advocate Mr. B.B.Naik for the Petitioners, Mr. Prashant G.Desai, learned Senior Advocate with Mr. Dhaval Nanavati for the Corporation.
2. Learned Senior Advocate for Corporation submitted that the Corporation is the implementing agency and has a very limited role in deciding as to how a road-line is to be SCA/548/2008 2/6 ORDER prescribed.
3. Learned Senior Advocate for Corporation has filed further Affidavit of one Shri Hitendra R.Shah, serving as Deputy Estate Officer, East Zone, Ahmedabad Municipal Corporation, Ahmedabad, placing on record one compact map / sketch of Revised Development Plan-2002 for the area along with a detailed map / sketch showing the road-line from Anupam Cinema to Shri Krishna Complex.
4. Learned Senior Advocate for the Petitioners submitted that at the site, which is nearby Anupam Cinema cross-road, there is a piece of land, which is situated in the middle of the road and look like an island. It is given Final Plot no.23. Learned Senior Advocate for Petitioners pointed out to the Court that, for widening the road from 80 ft. to 100 ft., the authorities have thought it fit not to reduce the size of that island but to cut in the properties situated on the North and South of that island. Learned Senior Advocate for the petitioners also submitted that, even at a mere glance at the map / sketch, one can notice that it is the existence of this island which is the root cause of traffic nuisance at the site. The learned Senior Advocate submitted that this island is occupied by the unauthorised persons, some of whom are having residences while others are carrying on their business. He submitted that these persons then extend their SCA/548/2008 3/6 ORDER encroachment on the road, which not only causes traffic problem but also leads to accidents numerous in number. The detailed map / sketch at page 68 substantiate the submissions made by learned Senior Advocate for petitioners. It can be seen that there is no cut prescribed from the island Final Plot No.23.
5. Learned Senior Advocate for the petitioners invited attention of the Court to resolution no. 1/2008-2009 passed by the Town Planning Committee dated 4.4.2008.
6. It is not only surprising but shocking that the authorities have not taken into consideration the contents of the said resolution passed by the Town Planning Committee while implementing the Development Plan. Infact non-application of mind on the part of the respondent is clear from the factum of non-consideration of the same. The resolution is in gujarati, on translation it reads as under:
"RESOLUTION DTD. 04/04/08 BY THE TOWN PLANNING COMMITTEE AGENDA NO.1 RESOLUTION NO.1/2008-09 Resolved that condition of the Final Plot No.23 admeasuring 1724 sq. mrt. of Khokhara Mehmadabad T.P.Scheme No.7 is like a traffic island of T.P.Road.
On account of unauthorized constructions of shops and residents in the final plot as per the enclosed map, heavy rush of passers by and encroachment due to parking on the road have SCA/548/2008 4/6 ORDER created bottle neck situation in the traffic, whereby accidents take place off and on (now and then). Further, other being general bus route for S.T.Corporation on Express Highway through Khokhara Overbridge and CTM, with intend to avoid accidents and have smooth traffic movement, Municipal Corporation is recommended to confer powers upon Municipal Commissioner to vary T.P.Scheme No.7, under different Sections of Gujarat Town Planning & Urban Development Act, 1976 and emerge final plot No.23 in the T.P.Road and also allot same area of Final Plot No.23 in the 20% out of Final Plot No.304 + 306 + 307 of Ambika Mill within the limits of Saher Kotada T.P.Scheme No.16 or at any other proper place on the same road by reserving other rights of the owners of Final Plot No.23 and others and thereby to complete the related work at the earliest.
The agenda is passed unanimously."
(emphasis supplied)
7. It is painful that the persons in power, feel that they are above law and they do not require to take into consideration such bonafide resolution passed by the Town Planning Committee
- taking into consideration all relevant aspects of the matter. It cannot be contended in the facts of the case that the said resolution is passed to favour any individual. On the face of it, the perusal of the map / sketch shows that the island is the main root of the problem not SCA/548/2008 5/6 ORDER only for traffic jam but also for frequent accidents on the site. Though the resolution is passed on 4.4.2008, learned Senior Advocate for the Corporation is not able to apprise this Court of the development which has taken place in this regard.
8. The learned Senior Advocate for Corporation submitted that it is for the authorities who prepared the Draft Development Plan to prescribe as to whether that island is to be maintained on the site or not and Ahmedabad Municipal Corporation has no say in the matter. The learned Senior Advocate further submitted that the road-line is always prescribed so as to see that a straight line is maintained and there are no curvatures. These submissions can be considered at the time of final hearing. Prima- facie, the Court is of the opinion that by reducing the size of the island, purpose could have been better served. That would have not only rendered the road widened but would have removed the root cause of traffic problem and also frequent accidents.
9. In light of the aforesaid discussion, the matter requires consideration, hence RULE. Interim relief granted earlier to continue till final disposal of the matter.
(Ravi R.Tripathi,J)
SCA/548/2008 6/6 ORDER
(Rajesh H.Shukla,J)
Jayanti*