ISCON VILLAS OWNERS ASSOCIATION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal under Clause-15 of the Letters Patent is at the instance of the original petitioner and is directed against the judgment and order passed by a learned Single Judge of this Court dated 21/09/2016 in the Special Civil Application No.9407 of 2016.

(2.) The writ-application came to be filed by the appellant herein with the following prayers:-

(3.) It appears from the materials on record that the appellant is an Association of 68 residential bungalows known and recognized as the Iscon Villas, situated at the Airport-Gandhinagar Road, Hansol, Sardarnagar, Ahmedabad. The society is a part of the Town Planning Scheme No.68 (Hansol-2). It is the case of the appellant that the Preliminary Town Planning Scheme No.68 came to be sanctioned by the State Government and in accordance with said scheme, a 200 ft. road right outside the said society is to be constructed. It is also the case of the appellant that the Forest Department of the State Government is running a Nursery right outside the society since 2014-15. The grievance voiced by the appellant is that although its being almost more than six years that the Preliminary Town Planning Scheme No.68 has been sanctioned, yet it has not been implemented. According to the appellant, the nursery needs to be demolished/ removed at the earliest for the purpose of construction of the 200 ft. road. As the authority failed to act accordingly, the appellant came before this Court by filing the Special Civil Application No.9407 of 2016.