KHODAJI MAFATJI THAKOR Vs. AHMEDABAD URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) In this petition, under Article 226 of the Constitution of India, the petitioners have prayed for an appropriate writ, order or direction, directing the respondents to implement the Town Planning Scheme, Vejalpur-3 and to direct the respondents to give possession of Final Plot No. 181 as per the provisions of the scheme.

(2.) It is the case of the petitioners that the petitioners are the heirs and legal representatives of deceased, Maftaji Ramtuji who was owner of the land bearing Survey No. 1255 and after his death the petitioners have become owners of the aforesaid land in question. It is also further submitted that under the Town Planning Scheme, Vejalpur-III the land bearing Survey No. 1255 was allotted Original Plot No. 173 admeasuring 15884 sq.mtrs., and on reconstitution of the original plot, the petitioners are given three different plots, namely, Final Plot No. 181 admeasuring 5482 sq.mtrs; Final Plot No. 182 admeasuring 4789 sq.mtrs.; and Final Plot No. 38 admeasuring 940 sq.mtrs. of land. It is further submitted that in lieu of original plot No. 173 admeasuring 15884 sq.mtrs., the petitioners have been allotted area admeasuring 11211 sq.mtrs. of land. It is also the case of the petitioners that on the scheme being sanctioned by the State Government, the respondent No.1 authority took possession of the original plot No. 173 and had in fact given possession of Final Plots No. 182 and 38. However, possession of Final Plot No. 181 admeasuring 5482 sq.mtrs. of land is not handed over to them and therefore they have not implemented the Town Planning Scheme which has not become final and therefore the aforesaid prayer has been made.

(3.) Affidavit-in-reply is filed on behalf of the respondents by the Assistant Town Planner, Ahmedabad Urban Development Authority. It is submitted in the affidavit-in-reply that some portion of the land from the land bearing Original Plot No. 173 bearing Revenue Survey No. 1255 and rest of the area covered under the said Revenue survey is still with the petitioners. As the petitioner has not handed over possession of the entire area of the land of original plot No. 173 bearing Revenue Survey No. 1255, possession of Final Plot No. 181 allotted to the petitioners has not been given to the petitioners. It is submitted that as and when the petitioners hand over possession of the rest of the land from the land bearing Revenue Survey No. 1255, i.e., Original Plot No. 173, the respondents herein will hand over possession of Final Plot No. 181 allotted to the petitioners in lieu of original plot No. 173. Therefore, it is requested to dismiss the present Special Civil Application.