HASMUKH SHAH Vs. AHMEDABAD MUNICIPAL CORPORATION

JUDGEMENT

(1.) . In view of the order made on 10th October, 2000, by the Hon'ble the Chief Justice and the Hon'ble Mr. Justice A.R. Dave, the matter has been placed before this Bench.

(2.) The petitioners nos. 2 and 3 are the partners of petitioner no.1, a partnership firm registered under the Indian Partnership Act, 1932. They have filed this petition inter alia praying that the Town Planning Scheme Regulation (hereinafter referred to as the Regulation), Annexure-B, the provisions contained in section-18(j) of the Bombay Town Planning Act, 1955 (hereinafter to as the old Town Planning Act), the General Development Control Regulation (hereinafter referred to as the Development or Control Regulation), Annexure-D, and section-12(m) of the Gujarat Town Planning and Urban Development Act, 1976 (hereinafter referred to as the Development Act) be declared as ultra vires to Articles-14, 19 and 21 of the Constitution of India and therefore, void and inoperative. The petitioners have further prayed that section-18(j) of the old Town Planning Act and section-12(m) of the Development Act be declared as unconstitutional since both these provisions delegate essential legislative powers to subordinate legislative authority. The petitioners have further contended that the Ahmedabad Municipal Corporation, respondent no.1 herein, had no authority to compel the petitioners to earmark and reserve any area for common amenity as per the Development Regulation and/or Regulation and have prayed for issuance of writ of mandamus or any other appropriate writ directing respondent no.1 to decide the petitioners' application that may be made for obtaining sanction for putting up additional construction on lower level and on ground floor without taking into consideration the provisions contained in Regulation and/or Development and/or Control Regulation calling upon the person erecting a building to reserve 5% of the total F.S.I. for common amenities.

(3.) The petitioners have annexed with the petition the decision delivered by the Division Bench in Special Civil Application No. 8553 of 2000 dated August 24, 2000 wherein after hearing the necessary parties, the Court made an order for demolition of unauthorised construction and also issued notice to the builder, the present petitioners. The Court hearing the matter considered the submissions made by the Advocates, who were appearing for Ahmedabad Municipal Corporation and the occupiers of the shops which were constructed unauthorisedly.