JAYENDRA NAGINDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, respective petitioners have prayed for an appropriate writ, direction or order directing the respondents herein to implement the Town Planning Scheme No.23, Ahmedabad (Sabarmati) with respect to Final Plot Nos.617, 450 and 464.

(2.) IT is not in dispute that Final Plot No.464 ad-measuring 206 sq.mtrs. as well as Final Plot No.617 ad-measuring 4248 sq.mtrs. are alloted to the petitioners under the finalized Town Planning Scheme No.23, Ahmedabad (Sabarmati). There is dispute with respect to compensation with respect to the land bearing Final Plot No.450. Shri Saurin Mehta, learned advocate appearing on behalf of the petitioners has stated at the Bar under the instructions from the petitioners that so far as the prayer of the petitioners with respect to land bearing Final Plot No.450 is concerned, they do not press the present petition with a liberty in their favour to initiate appropriate proceedings before appropriate forum. Accordingly, present Special Civil Application is dismissed as not pressed with above liberty, so far as Final Plot No.450 is concerned. As and when any proceedings with respect to Final Plot No.450 are initiated before the appropriate forum, the same may be considered in accordance with law and on merits for which this Court has not expressed any opinion in favour of either parties.

(3.) IN view of the above, present Special Civil Application is disposed of. Let the Surveyor of the Corporation and the Officer of the Corporation remain present at the site of Final Plot No.617 tomorrow i.e. on 25/02/2011 at 11 a.m. and let the representative of the petitioners and respondent No.6 Company remain present and let the Surveyor demarcate the boundary of Final Plot No.617 and prepare a map, copy of which shall be furnished to the respective parties within a period of two days from today. Thereafter, respondent No.6 is directed to hand over the possession of Final Plot No.617 to the Corporation within a period of three weeks from today and in turn the Corporation shall hand over the peaceful and vacant possession of Final Plot No.617 to the respective petitioners who are alloted the aforesaid Final Plot alloted under the finalized Town Planning Scheme.