FEDERATION OF BUILDING ASSOCIATION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners seek to prosecute this petition in a representative capacity for framing of a Scheme, a draft of which is placed at Annexure "R" to this petition, for the purpose of granting relief and rehabilitation to the occupiers of the illegal and unauthorised constructions made on C. G. Road, Off C. G. Road and surrounding areas, with such alterations, additions and modifications as may be ordered by this Court.

(2.) The petitioner No. 1 is a recently formed Federation, which is admittedly not a Registered Association and the petitioners Nos. 2 to 9 are said to be its office-bearers, who are also the occupiers of the commercial complexes on the C. G. Road. Amongst the other prayers sought in the petition are for appointment of an enquiry commission as regards the unauthorised constructions and for fixing the responsibilities of the Municipal Officers and ascertaining the role played by the builders and such officers, taking action against such officers and builders, creating fund by issuing directions to deposit for the purpose of carrying out the Scheme, taking disciplinary action against architects, engineers concerned with the unauthorised illegal constructions including prosecuting them under the law and restraining the respondent-Corporation from taking any coercive measures and/or demolishing the illegal or unauthorised constructions on C. G. Road and Off C. G. Road and the surrounding areas. Along with the petition annexed at Annexure "A" is the list of the existing buildings on C. G. Road of which 35 are shown under Part-1 and 38 under Part-11. The list of 7 buildings under construction is at Annexure "B" to the petition. Then, there is a list at Annexure "G" to the petition giving particulars of buildings situated at C. G. Road, of which the occupiers are the members of the petitioner-Federation. In this list 73 building complexes are enumerated.

(3.) The directions which were issued in the judgment rendered by Hon'ble Mr. Justice B. C. Patel are contained in various paragraphs of the judgment and those which have bearing on the present petition are summarised hereunder :-