SUN BUILDERS PVT LTD. Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner seeks to challenge the arbitrary and illegal action on the part of the respondents-Authority, more particularly, the Respondent - Ahmedabad Municipal Corporation for illegally and forcibly trying to take possession of the land bearing Revenue Survey No.387/4 admeasuring 4039 Sq. Mtrs owned by the petitioner herein, under the guise of showing the lesser area of the said land as O.P. No. 74 admeasuring 3660 Sq. Mtrs in the draft Town Planning Scheme No.28 (Ghatlodia - Sola - Chandlodiya), inspite of the fact that the preliminary town planning scheme is still not prepared and pending with the Town Planning Officer, appointed by the State Government under Sec. 50 of the Gujarat Town Planning & Urban Development Act, 1976 ("the Act of 1976" for short).

(2.) The short facts giving rise to the present petition are as under:-

(3.) Respondent no.8 has also filed affidavit stating that petitioner has not approached this Hon'ble Court with clean hands and after handing over the peaceful and vacant possession to the authority for getting the plans for proposed construction sanctioned, the petitioner still wants to occupy the portion of surrendered land which was surrendered voluntarily at the relevant point of time and the possession of which was handed over by the petitioner to the competent authority. Thus, continuation of the possession of the petitioner upon the land in question is illegal encroachment and hence, the petitioner is not to continue with such illegal occupation at site. It is also contended that the following details emerge from the record are required to be considered so as to appreciate the conduct of the petitioner:-