NIPESH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present writ petition has been filed inter alia praying for the following reliefs:

(2.) It is the case of the petitioners that they have been residing in Chhara Nagar, Ahmedabad for a period ranging from 15 years to over 70 years. Their homes / small shops are on the road, which on the one end face Sindhi Market, which leads to Kubernagar Railway Crossings. The aforesaid road is a part of Draft Town Planning Scheme, Ahmedabad, No.96/B (Saijpur- Bogha) of Ahmedabad Municipal Corporation (AMC). On 26/5/2022, the Assistant Estate Officer / Assistant TDO, North Zone, issued notices to the petitioners. For the purposes of the present petition, the legal representatives of the deceased persons, who reside in the corresponding addresses referenced in the notices, have joined as the petitioners being petitioner Nos.1, 2, 3, 4, 9, 12, 17, 21, 25, 28 and 40. The petitioners gave a response in writing immediately on around 27/5/2022. A hearing took place on 7/6/2022 at the Office of the Municipal Corporation. The AMC vide order dtd. 22/9/2022 passed a final order calling upon the petitioners to handover the possession of the land.

(3.) The premises of the petitioners are situated on a proposed 18 meter T.P. Road. The road, which exists today is approximately of 9 meters in width. The length of the road is approximately 400 meters. The road on its East is adjacent to Kubernagar Railway Crossings and on its West, it is slated to merge with a proposed 18 meter road at a T-Junction. It is the case of the petitioners that they had no intimation about the proposed widening of road till May, 2022, when notices were served on the petitioners. It is stated that the petitioners have not been able to come across any notices, which could have been published, while making the draft scheme and hence, they are deprived of an effective opportunity of filing objections to the draft scheme and the draft scheme is sanctioned without considering obvious objections.