ASHOKBHAI HASMUKHLAL MANIYAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) It is mentioned during the course of arguments that the petitioner no.1 has shown willingness to withdraw this petition vide communication dtd. 18/4/2024 and the same has been forwarded with forwarding letter of the advocate-on-record to registry of this Court. Permission as prayed for is granted. This petition is disposed of as withdrawn. Therefore, now the petition is pending qua petitioner no.2 only.

(2.) This petition is filed for the following prayers:

(3.) The brief facts leading to filing of this petition, as stated in the memo of the petition are such that the petitioners are the owners and occupiers of the flat no.B/4 and I/2 of the New Ashiyana Apartment floated within New Ashiyana Cooperative Housing Society Limited admeasuring about 3634 sq.mtrs of old tenure of sub plot no.2, final plot no.511 and TPS No.28 (nava wadaj); that the respondent no.4 society is a registered society under the Gujarat Cooperative Societies Act and total 66 flats are constructed and the petitioners are members of the respondent no.4-society; that due to the difference of opinion of some of the members with regard to redevelopment and/or new construction, the present dispute arise and as of now, majority of the flats have been pulled down and to construct a new building, respondent no.4 society has put forward the proposal for passing of plans on behalf of the builder and/or developer in the year 2019, and this very fact is reflecting in the order in the submission of the builder/developer; that on 16/12/2020, certain members have objected to the said proposal and by order dtd. 16/12/2020, the respondent no.3-corporation has rejected the stand of the society and builder/developer, and accepted the objections of the members; that once again the proposal has been put for the development permission over the said land, but this time, the respondent no.4-society has asked for the same; that the other members and petitioners have submitted objection application dtd. 21/5/2021 against the granting of development permission and the respondent no.3 has not considered the objection application of the petitioners nor the petitioners were given opportunity of being heard and has passed order rejecting the objection applications preferred by other members vide order dtd. 8/7/2021; that being aggrieved by the said order, the petitioners challenged the same by way of Special Civil Application No.12970 of 2021 wherein notice was issued vide order dtd. 14/9/2021; by way of affidavit-in-reply dtd. 26/11/2021, it was stated that the impugned order dtd. 8/7/2021 was cancelled by respondent no.2-corporation and hence petition was disposed of as having become infructuous; that the petitioners and other objections came to know that once again, the respondent nos.4 and 5 have put forward proposal for passing of development plans and objections applications were again filed to the respondent no.2-corporation; that by virtue of communication dtd. 15/2/2022, the respondent corporation has called the petitioner no.1 but there is no response of the corporation; that under RTI information dtd. 27/5/2022, the petitioner no.1 was informed that no final order has been passed by the corporation with regard to passing of the plans in pursuant to the hearing dtd. 22/2/2022; that number of RTI applications have been made by different members/objectors seeking information with regard to passing of the plans and in response to one of the same, on 21/7/2022, the respondent corporation has provided the copy of the impugned Rajachitti and order dtd. 4/5/2022 and no response are received till date qua other RTI applications; hence, this petition is filed.