Deepak Vallabhbhai Patel (Amrutiya) vs Ahmedabad Urban Development Authority ... on 30 January, 2015

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Gujarat High Court

Deepak Vallabhbhai Patel (Amrutiya) vs Ahmedabad Urban Development Authority ... on 30 January, 2015

Bench: R.M.Chhaya

      C/SCA/8415/2014                                       ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD



             SPECIAL CIVIL APPLICATION NO. 8415 of 2014

================================================================
      DEEPAK VALLABHBHAI PATEL (AMRUTIYA)....Petitioner(s)
                          Versus
 AHMEDABAD URBAN DEVELOPMENT AUTHORITY & 3....Respondent(s)
================================================================
Appearance:
MR CHINMAY M GANDHI, ADVOCATE for the Petitioner(s) No. 1
MR MB GANDHI, ADVOCATE for the Petitioner(s) No. 1
MR HS MUNSHAW, ADVOCATE for the Respondent(s) No. 1
MR NIRAL R MEHTA, ADVOCATE for the Respondent(s) No. 2
MS JYOTI BHATT, AGP for the RESPONDENT(s) No. 3
================================================================

        CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA

                          Date : 30/01/2015


                           ORAL ORDER

1. Heard Mr. Chinmay Gandhi, learned advocate for the petitioner, Mr. H.S. Munshaw, learned advocate for respondent No.1, Mr. Niral Mehta, learned advocate for respondent No.2 and Ms. Jyoti Bhatt, learned AGP for respondent No.3.

2. The Deputy Executive Engineer, AUDA has filed a further affidavit dated 16.10.2014, wherein the following observations are made: Page 1 of 5 C/SCA/8415/2014 ORDER "2. The respondent No.1 humbly submits that Final Plot No.327 admeasuring 236 sq. mtrs. of Draft Town Planning Scheme No.3 is reserved for Ahmedabad Urban Development Authority and copies of FormF as well as PartPlan are annexed hereto and marked as AnnexureB & C collectively.

3. The respondent No.1 submits that Final Plot No.327 is reserved for Ahmedabad Urban Development Authority for public purpose and accordingly a Drainage Pumping Station is constructed on the said land admeasuring 236 sq. mtrs. It is further stated that the said Draft T.P. Scheme No.3 of Bopal is sanctioned by the Government of Gujarat through a notification dated 12.07.2010 duly issued by Urban Development & Urban Housing Department. In other words, the contentions raised by the petitioner are thoroughly baseless and far from truth. It is stated that as possession of land was with Bopal Gram Panchayat, it was though fit to address a letter to hand over the possession. It is submitted that accordingly possession of Final Plot No.327 admeasuring 236 sq. mtrs. of Draft T.P. Scheme No.3 (Bopal) is handed over to Ahmedabad Urban Development Authority."

3. The said fact was controverted by Mr. Gandhi, learned advocate for the petitioner. Mr. Gandhi asserted that the said statement is wrong and Page 2 of 5 C/SCA/8415/2014 ORDER hence, this Court passed the following order on 16.10.2014: "1. State of Gujarat through the Secretary, Urban Development and Urban Housing Development Department is added as a party respondent No.4 in this matter.

2. Respondent No.4 through the Chief Town Planner, State of Gujarat shall inspect ongoing construction of drainage pumping station by AUDA and make a report before this Court clarifying as to such construction is being made on which final plot latest by 17th November, 2014. This clarification is being sought for as it is ascertained by Mr.Gandhi, learned counsel for the petitioner that it is constructed on the land, which is now forming part of Final Plot No.137, whereas Mr.H.S.Munshaw, learned counsel for AUDA asserts that it is being constructed on Final Plot No.327, which is reserved for public purpose in favour of AUDA.

3. Such report shall also contain the photographs as well as map.

Respondent No.4 may depute any officer not below the rank of Deputy Town Planner to carry out inspection and to file a report thereon. Order as regards the expenses and cost shall be passed hereinafter.

S.O to 19th November, 2014. Direct Service is permitted."

4. Pursuant to the order dated 16.10.2014, the Page 3 of 5 C/SCA/8415/2014 ORDER Chief Town Planner, State of Gujarat has filed an affidavit dated 2.12.2014, wherein a report of the Town Planning Officer, Unit11 who was nominated by the Chief Town Planner has submitted a report which is in Gujarati. The said report clearly indicates that the construction of Drainage Pumping Station undertaken by AUDA is in O.P. No.37, Final Plot No.137 of draft Town Planning Scheme No.3 (Bopal). It prima facie appears that the affidavit filed by AUDA is incorrect. The report further indicates that land bearing survey No.446 which is allotted O.P. No.37 admeasuring 2833 sq. mtrs. and in lieu of that, a Final Plot carved out admeasuring 1700 sq. mtrs. is in name of Bopal Gram Panchayat as can be seen from FormF which is also forming part of the affidavit filed by the Chief Town Planner.

5. In light of the aforesaid therefore, Bopal Gram Panchayat shall clarify the said position more particularly stating on what basis the position Page 4 of 5 C/SCA/8415/2014 ORDER of the land in question i.e. the area forming part of Final Plot No.137 is mentioned in the report of the Town Planning Officer dated 19.11.2014 by way of an affidavit.

6. The Chief Executive of AUDA is hereby directed to file a further affidavit stating why an incorrect affidavit is filed stating that the construction of Drainage Pumping Station is made upon the area being Final Plot No.327 as quoted hereinabove from the affidavit dated 16.10.2014. Bopal Gram Panchayat as well as the Chief Executive, AUDA shall file their affidavits on or before 12.2.2015. S.O. to 13.2.2015.

(R.M.CHHAYA, J.) mrp Page 5 of 5

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