M K Bungalows - Through Authorised ... vs State Of Gujarat & 3 on 5 April, 2016

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Gujarat High Court

M K Bungalows - Through Authorised ... vs State Of Gujarat & 3 on 5 April, 2016

Bench: A.J.Desai

                   C/SCA/3698/2015                                               ORDER




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   SPECIAL CIVIL APPLICATION NO. 3698 of 2015

         =========================================
              M K BUNGALOWS - THROUGH AUTHORISED PERSON....Petitioner
                                      Versus
                        STATE OF GUJARAT & 3....Respondents
         =========================================
         Appearance :
         MS ROMA I FIDELIS, ADVOCATE for the Petitioner.
         MR HARSHADRAY A DAVE, ADVOCATE for the Respondent No.4.
         MS RITU R. GERA, AGP for the Respondent No.1.
         RC JANI & ASSOCIATE, ADVOCATE for the Respondent Nos.2-3.
         =========================================

                CORAM : HONOURABLE MR.JUSTICE A.J.DESAI

                                       Date : 05/04/2016
                                        ORAL ORDER

1. By way of the present petition under Articles 14 & 226 of the Constitution of India, the petitioner has prayed for the following reliefs :-

"A. be pleased to admit and allow present petition;

B. be pleased to issue a writ of mandamus and/or a writ in the nature of mandamus and/or any other appropriate writ, order or direction, directing the respondent authorities not to demark the marginal land of the petitioner - M. K. Bungalows, but instead act as per the draft map as shown and attached with this petition at Annexure E for 24 meters road; and the respondents may further be directed to see that the marginal land of the petitioner - M. K. Bungalows may not be Page 1 of 4 HC-NIC Page 1 of 4 Created On Wed Apr 06 03:04:10 IST 2016 C/SCA/3698/2015 ORDER interfered with and no coercive action be taken qua such marginal land of the petitioner

- society;

C. be pleased to issue a writ of mandamus and/or a writ in the nature of mandamus and/or appropriate writ, order or direction, directing the respondent Nos.1 and 3 to decide the representations dated 2.9.2014 and 29.8.2012 made by the petitioner through its residents after affording opportunity of hearing to the petitioner and other concerned persons;

D. be pleased to issue a writ of mandamus and/or a writ in the nature of mandamus and/or appropriate writ, order or direction, directing the respondents to demark 24 meters road as shown in the map of Draft Town Planning Scheme, leaving the marginal land of the petitioner - M. K. Bungalows; and further, this Hon'ble Court may be pleased to hold and declare that such action on the part of the respondents in demarking the marginal of the petitioner - M. K. Bungalows for 24 meters road though B. U. Permission with marginal land has been granted to them since the year 2008, is absolutely unjust, improper, arbitrary and illegal;

E. Pending admission, hearing and final disposal of present petition, this Hon'ble Page 2 of 4 HC-NIC Page 2 of 4 Created On Wed Apr 06 03:04:11 IST 2016 C/SCA/3698/2015 ORDER Court may be pleased to direct the respondents / its officers / agents / representatives not to initiate any coercive action qua the marginal land of the petitioner Society for the construction of the road;"

2. It is the case of the petitioner that the draft Town Planning Scheme is pending before the State Government for final approval. The petitioner had made a representation on 2.9.2014 to the respondent authorities. However, no decision has been taken by the State Government.

3. Ms. Roma Fidelis, learned advocate appearing for the petitioner would submit that the petitioner will make fresh representation before the State Government ventilating his grievances on the line which are raised in the memo of present petition and the respondent authority may be directed to decide the same in accordance with law and in expeditious manner.

4. On the other hand, learned Assistant Government Pleader has submitted that appropriate orders may be passed.

5. It would be open for the petitioner to file fresh representation before the respondent authorities within a period of three weeks from today. The concerned Authority shall decide the said representation as expeditiously as possible, preferably within a period of 8 weeks from the date of receipt of such representation after giving an opportunity of hearing to all concerned.

6. With the above direction, the present petition stands disposed of. Notice discharged.

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HC-NIC Page 3 of 4 Created On Wed Apr 06 03:04:11 IST 2016 C/SCA/3698/2015 ORDER Direct service is permitted.

(A.J.DESAI, J.) Savariya Page 4 of 4 HC-NIC Page 4 of 4 Created On Wed Apr 06 03:04:11 IST 2016

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