BAPUNAGAR MORARJICHOWK HITRAKSHAK SAMITI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition filed in the nature of public interest litigation, under Articles 14, 19, 21, 226 and 227 of the Constitution of India, the petitioner who had applied for the registration as a Trust under the provisions of the Bombay Public Trusts Act, 1950 has prayed as under :-

(2.) By an oral order dtd. 13/3/2015, notice was issued to the respondents. State of Gujarat - respondent No.1, Gujarat Housing Board - respondent No.2 and Ahmedabad Municipal Corporation - respondent No.3 were initially joined as parties. Thereafter, one Rhythm Infrastructure Private Limited was joined as respondent No.4 pursuant to an order dtd. 20/5/2016 passed by the coordinate Bench of this Court.

(3.) The case put forward by the petitioner for filing the present Public Interest Litigation is to restrain the respondent Nos.1 to 3 from putting construction over the land popularly known as "Morarji Chowk" i.e. land part of Survey No.260, 261/4 and 261/7 on the ground that the residents of surrounding area are using the land for various types of public activities since 4 to 5 decades and the respondents have no legal authority to put up any construction as the land is referred as playground since the year 1954 i.e. when the land was given to respondent No.2 - Gujarat Housing Board (hereinafter referred to as 'GHB') which was established to provide houses and other amenities at lower rate for the weaker sec. and/or lower income group sec. of the society and was also kept as playground in Town Planning Scheme No.11 of Old Bapunagar, situated within the Ahmedabad city and area of Ahmedabad Municipal Corporation.