GIRISHBHAI NATVARLAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This writ application is filed under Articles 226 and 227 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 seeking a writ of mandamus directing the Police Inspector, Satellite Police Station, Ahmedabad to provide police protection to reconstruct and repair a compound wall on the portion of the land, which owned by applicant - Girish Patel and the same is the part of Town Planning Scheme No.6, Vejalpur, Ahmedabad.

(2.) This Court has heard learned Senior Counsel Mr.Ansin Desai, assisted by Mr.Nandish Thacker, Mr.D.P. Kinariwala and Mr.G.H. Virk, for the respective parties.

(3.) Brief facts giving rise to file present application are, after declaration of development area, a Draft Development Plan for the city Ahmedabad was prepared and after publication thereof, it was sanctioned by the Government as provided under Sec. 17 of the Gujarat Planning and Urban Development Act, 1976 and accordingly, the Ahmedabad Urban Development Authority prepared a Town Planning Scheme for the development area Vajalpur and the same was known as Town Planning Scheme No.6, Vejalpur and draft scheme was prepared and sanctioned by the State Government and TPO for the implementation of the scheme was appointed and accordingly, preliminary scheme was prepared and sanctioned by the State Government under the Town Planning Act and the same was sanctioned on 14/8/2002. and preliminary scheme was sanctioned by the State Government on 14/8/2002. Pursuant to the said T.P. Scheme, the society having land bearing survey no.225 was given original O.P. No.29 - 8902 sq. mtrs. and after reconstitution of it, the final plot no.29 - 6855 sq. mtrs. was allotted. In the said scheme, the adjacent land of survey no.225 is land survey no.230 and originally the said land was belonged to Vitthalbhai Vishabhai and others. The owners of the land survey no.230 was given original plot no.30 and subsequently divided into 30/1 and 30/2 admeasuring 3536 and 3325 sq. mtrs. respectively. The applicant herein purchased the plot no.30/1 by paying huge amount of premium to the corporation and registered sale deed dtd. 9/8/2018 thereof executed in his favour. The possession of final plot allotted to the society and others lands already handed over by the appropriate authority under the Town Planning Act. As per the scheme, the society had to handover the possession of portion of final plot nos.30/1 and 30/2 carved out from the final plot no.29 of land bearing survey no.225 to the respective land owner i.e. present applicant and others. In the aforesaid facts, the authority vide its notice dtd. 13/12/2002 and 17/2/2009, directed the society and its members respondent herein to vacate and handover the final plot no.30/1 carved out from the final plot no.29 of land admeasuring 225. The members of the society opposed the implementation of the scheme and submitted their written objections along with the supporting documents. The applicant who had purchased the plot no.30/1 also asked the appropriate authority to implement the preliminary scheme. After hearing both the parties, the authority by exercising powers under Sec. 68 and 69 read with Rule 33 of the Gujarat Town Planning and Urban Development Act, vide its order dtd. 13/7/2021, directed the society and its members to handover the portion of land bearing no.30/1 carved out from the plot no.29, the land survey no.225. Being aggrieved with the said order dtd. 13/7/2021, the society through its Secretary challenged it by filing SCA No.12320/2021 before this High Court. After hearing the parties, and considering the statutory provisions of the Gujarat Town Planning Act, this Court did not find any merits in the petition and dismissed it with cost and directed the appropriate authority to implement and execute the preliminary scheme which has become final on 25/2/2019. Letters Patent Appeal against the order of the Single Judge filed by the society came to be withdrawn on 19/1/2022. In view of the directions issued by this Court, and to implement the scheme, the appropriate authority, in the presence of the parties, by drawing the panchnama, handed over the parcels of land to the applicant herein. The applicant after getting the possession, has constructed a boundary wall on the land. The said boundary wall demolished by the members of the society. The criminal complaint to this effect was lodged against the members of the society. In the process to protect the rights in the property, the applicant when he reached at the place, some of the members lodged an FIR against him that he had tried to outrage the modesty of woman members, etc.