TRANSPORTNAGAR - ASLALI Vs. AHMEDABAD URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner who happens to be the association registered under Non­Trading Corporation Act, has filed the present petition seeking mainly following reliefs:

(2.) The short facts giving rise to the present petition are that the respondent no.1­ Ahmedabad Urban Development Authority (hereinafter referred to as 'AUDA' for short) had acquired in all 173000 sq. mtrs. of land situated at village­Aslali for the purpose of providing infrastructure to the transporters. The petitioner Association negotiated with AUDA for the allotment of said land for its members to construct godowns, offices etc. Ultimately, the AUDA agreed to allot 77000 sq. mtrs., land out of the total land of 173000 sq. mtrs. The agreement between the petitioner­ Association and the AUDA was entered into on 10.02.1992 incorporating terms and conditions for the allotment of the said land (Annexure­B). Accordingly, the possession of the said land was handed over to the petitioner Association vide possession receipt dated 21.02.1992.

(3.) It is further case of the petitioner that the petitioner had submitted a plan for development of the land under the Gujarat Town Planning Urban Development Act, 1986 (hereinafter referred to as 'the said Act') and AUDA had granted the development permission for constructing godowns, offices etc. as per the development permission dated 04.04.1994. Since, the litigation was pending at various stages, the AUDA ultimately had executed the sale­deed on 21.06.2003 in favour of the petitioner­Association (Annexure­F), however, for some reasons, the registration was delayed and the said sale­ deed was finally registered on 20.07.2009. Since, the name of the AUDA was appearing in the revenue record, a dispute was raised by the petitioner for entering the name of the petitioner, pursuant to the sale­deed executed by the AUDA. Since, some of the lands in question were originally restricted tenure land, the petitioner had preferred Special Civil Application No.6000/2012. The petition was disposed off by the Court vide order dated 26.06.2012 permitting the petitioner to make appropriate application to the concerned authority. Accordingly, the petitioner had made representation to the concerned authority, however, on technical ground, the authority refused to entertain the said representation.