GUSHABHAI HARIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) MS .Tejal K. Shah under the authority of Ms.Roopal R.Patel, learned counsel for the petitioner, Mr.M.R. Mengdey, learned Assistant Government Pleader for the respondent Nos.1 and 2 State. None for the respondent No.3, though served. Mr.Prashant G.Desai, learned counsel for the respondent Nos.4 and 5.

(2.) SHORT facts necessary for disposal of the present writ application are that the respondent Surat Municipal Corporation opted for a Town Planning Scheme, Town Planning Scheme No.15 was accordingly framed, a proposed Primary Scheme was floated, objections were invited and thereafter, the Scheme was finalised. Undisputedly, Final Plot No.103 in the Final Town Planning Scheme was reserved for public housing, nobody raised any objection against reservation of Final Plot No.103 for public housing. However, after some time, Surat Municipal Corporation, contrary to the Town Planning Scheme No.15 and contrary to the purpose for which the area was reserved, started settling the slum dwellers in Final Plot No.103. The petitioners, who are residing in Final Plot No.98, have filed present writ application submitting inter -alia that the slum dwellers could not be settled in Final Plot No.103, because, the area was reserved for public housing. However, the submission is that the area if was available to the general public, then, any part of it could not be reserved for a particular purpose because, phrase "public purpose" would not cover within its swift any reservation for any particular cast, section, caste or so. The respondent Surat Municipal Corporation has appeared before the Court and have filed their counter affidavit. They have submitted that after finalisation of the Town Planning Scheme No.15, the land would vest free from all encumbrances in the Surat Municipal Corporation and the Surat Municipal Corporation would be entitled to put public property to its better use.

(3.) MR .Desai, learned counsel for the Surat Municipal Corporation submits that only a very small part of Final Plot No.103 is proposed to be used for settling slum dwellers and if a very small part is so settled, then, there is no violation of the scheme.