HANSABEN RATUBHAI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this appeal under Clause 15 of the Letters Patent, the original petitioners / appellants have challenged an oral order dtd. 11/4/2023 passed by the learned Single Judge in Special Civil Application No.4216 of 2023, by which the petition filed by the present appellants seeking issuance of writ of mandamus or any other writ or directions quashing and setting aside the action of the redevelopment of the houses/flats situated at premises being 132, M.I.G., (o/o. 384 MIG), Surya Apartment Vibhag-3, Sola Road, Ahmedabad as well as to quash and set aside the order dtd. 6/2/2023 passed by the Competent Officer of Gujarat Housing Board in Case No.103/2022, by which the original petitioners / appellants were asked to vacate the premises for exercising powers under the provisions of the Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972.

(2.) The short facts giving rise to the present appeal are as under.

(3.) Mr. Bharda, learned advocate appearing for the appellants, at the outset, submitted that they have no reservation against the development. However, the development, which is permitted by the Gujarat Housing Board, is contrary to the guidelines issued by the Urban Development and Urban Housing Department, Government of Gujarat which was issued in the year 2016 and upon which present development is sought to be made at the instance of the Gujarat Housing Board and the private respondents. He has specifically stated that the original petitioners / appellants are in minority since more than 91% of dwelling unit holders of Surya Apartment Vibhag-3 have agreed for redevelopment. He would submit that as per the scheme of 2016 where the residential society is being redeveloped, only new apartment can be permitted to be constructed, wherein in the present development scheme, the Gujarat Housing Board has permitted the development to construct shops which are used of commercial purpose.