LAWS(GJH)-1995-12-41

STATE OF GUJARAT Vs. AHMEDABAD URBAN DEVELOPMENT AUTHORITY

Decided On December 19, 1995
STATE OF GUJARAT Appellant
V/S
AHMEDABAD URBAN DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) The appellants [the State of Gujarat and the Inspector General of Prisons] are aggrieved by the ex parte, ad interim order directing the authorities to hand over the possession of the lands within 15 days.

(2.) The original petitioners were owners of original Plots No. 177, 178 and 179. Under the final town planning scheme, which came into force in the year 1982, these plots vested in the Authorities and the petitioners were given other lands being Plots Nos. 676, 677 and 678. However, for as many as 12 years, the petitioners were not given possession of these plots. The possession of the original plots of the petitioners was taken long back and a new overbridge has already been constructed on the same.

(3.) Ultimately, the State Government has passed a resolution on 6th December 1994, Annexure "J" to the petition, directing that the petitioners be given possession of final Plots Nos. 676, 677 and 678 and the Inspector General of Prisons and the Municipal Authorities were directed to hand over the possession of the plots to the petitioners within one month. As this direction of the State Government was not complied with, the petitioners preferred Special Civil Application No. 5366 of 1995.