AMARSINH SHANAJI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Shri Rashmin Chhaya, Learned Advocate waives service of rule on behalf of the respondent No.2. Shri Sud, Ld. AGP waives service of rule on behalf of the respondent No.1. With the consent of the parties, the matter is taken up for final hearing today.

(2.) The petitioner was the owner of the land bearing S.No. 167/5 admeasuring 4047 sq.mtrs. of land situated at Village Nikol, Ahmedabad. On Town Planning Scheme being introduced, the same was given Original Plot No.21 and new Original S.No.167/5 i.e. 0.P.No.21 is given F.P.No.194 which is reserved for the purpose of garden in lieu of Original S.No. 167/5 O.P.No.21, the petitioner is allotted F.P.No, 12 admeasuring 2906 sq.mtrs of land. It is the case of the petitioner that the Town Planning Scheme has become final on 17.8.1998 still the petitioner is not handed over the peaceful and vacant possession of P.P.No. 12 which has b,een allotted to the petitioner under the Town Planning Scheme which has become final and the respondents are insisting for taking possession of O.S.No.167/5 O.P.No.21 now F.P.No.194. Therefore, the present Special Civil Application is filed for an appropriate writ, direction and order directing the respondents to perform their statutory duty case under the Gujarat Town Planning & Urban Development Act and to hand over the peaceful and vacant possession of F.P.No. 12 of Nikol after removing unauthorized constructions therefrom.

(3.) In response to the notice issued by this Court, Shri R.M.Chhaya appears on behalf of the respondent No.2. Though no counter is filed, but he has submitted that in view of the fact that there is unauthorized construction in F.P.No. 12, the peaceful and vacant possession of F.P.No.12 is not given to the petitioner. However, he has submitted that the petitioner is required to hand over peaceful and vacant possession of O.S.No.167/ 5 O.P. No.21 now F.P.No.194 to the Corporation. It is further submitted that the insistence on the part of the petitioner to first hand over the possession of P.P.No.12 is not well founded. He has submitted that in fact, the petitioner is required to hand over the possession of F.P.No. 194 to the Municipal Corporation. To that, Shri D.C.Dave, Learned Advocate for the petitioner has submitted that he has no objection whatsoever in handing over the peaceful and vacant possession of O.S.No.167/5 O.P.No.21 now F.P.No. 194 to the Municipal Corporation. However, it is bounden and corresponding duty on the part of the respondent Corporation to perform statutory duty and hand over the peaceful and vacant possession of the plot which is allotted to the petitioner.