PRADIPBHAI BHAGIRATH SHARMA Vs. GUJARAT HOUSING BOARD LTD

JUDGEMENT

(1.) Heard learned advocate Mr. Vishal mehta for the appellants, learned advocate Mr. Bhargav Hasurkar for the respondent- Gujarat Housing Board and learned Assistant Government Pleader Mr. Kurven Desai for respondent Nos. 2 to 4.

(2.) This appeal is filed against the order dtd. 29/1/2022 passed below Exhibits 25 and 26 as well as Exhibit 1 in Civil Suit No. 1633 of 2019 filed by the appellants-plaintiffs dismissing the suit under Order VII Rule 11(d) of the Code of Civil Procedure,1908 [for short 'the Code'].

(3.) The appellants-plaintiffs filed the suit against the respondents- original defendants praying that the Block No. 1 of District Sub-District-Ahmedabad City of Bapunagararea inRakhial, T.P. Scheme No. 11 of Revenue Survey Nos. 103 and 104 wherein respondent No.1-Gujarat Housing Board has constructed flats known as "Vallabh Nagar Scheme" and to the north of the Block No. 1 of the said scheme, there are open plots admeasuring 350 sq.mtrs and 450 sq.mtrs, in total open plot of 800 sq.mtrs could not have been allotted for construction by respondent No.1 to respondent Nos. 2 to 4 without obtaining necessary permission from the Municipal Corporation and respondent Nos. 2 to 4 have no right to construct on the said plot. It was further prayed to pass necessary orders for removing the construction by the respondent Nos. 2 to 4.