SANSKRUTI PRATISHTHAN Vs. AMC

JUDGEMENT

(1.) THE petitioner has preferred the petition for the appropriate writ for directing respondent Nos.1 and 2 to abide by the decision taken by the General Body in its meeting dated 29.12.195 and it is further prayed to direct the respondent to hand over peaceful possession of the land of Final Plot No.360/2 of T.P.Scheme No.3 at Mithakhali, Ahmedabad to the petitioner trust and to direct the respondents to remove lock placed on the gate of the said property.

(2.) I have heard Mrs.Mehta for the petitioner and Mr.Desai for the respondent Corporation. Respondent No.3 is served, but nobody has appeared on behalf of respondent No.3

(3.) UPON hearing the learned counsels appearing for both the sides, it appears that as per the petitioner, initially the plot in question was given by the Corporation to respondent No.3 Association and respondent No.3 Association did make some construction, but it was not fully made nor the plot in question was utilized for the purposes of the Sports Complex. Ultimately, respondent No.3 in association with the petitioner Trust agreed to hand over the possession of the plot for its development by the petitioner and as per the agreement, the petitioner had to make the construction within two years and thereafter, the possession was to be given back to the Corporation for management and in the management, the representative of the petitioner as well as of respondent No.3 were to be included.