CHHAGANBHAI MOTIBHAI BHOI Vs. ANAND AREA DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This Special Civil Application ;B preferred for issuance of a writ of mandamus or any other appropriate writ order or directions in the nature of mandamus by quashing and setting aside the show cause notices at Annexures A & B and directing the respondents to treat it as null and void.

(2.) The short facts of this case are that Plot No. 170/1 was originally owned by respondent No. 4 herein. This Plot was divided into Plot Nos. 165/1 and 165/2. Plot No. 165/1 admeasures 457.40.65 Sq. Mtrs. while Plot No. 165/2 admeasures 229 12.50 Sq. Mtrs. respectively.

(3.) Under the Town Planning Scheme in place of original Plot No. 170/1 which was acquired Plot No. 165/1 was given back to the respondent No. 4 who is the original owner of Plot No. 170/1. It is alleged by the petitioners that the petitioners herein were the original tenants under respondent No. 4 in respect of original Plot No. 170/i. After the division of this Plot and alloting Plot No. 165/1 to respondent No. 4 the petitioners continued to live in Plot No. 165/2 which was given to another person under the Town Planning Scheme; but in 1978 the final scheme of the Town Planning came into force while in 1965 the preliminary scheme came into force. In respect of this Plot No. 165 on which the petitioners are residing and which came to be allotted to the person whose Plot No. 308 was acquired by the Town Planning Officer the Anand Urban Development Authority is trying to evict the petitioners who are on Plot No. 165/2. In those circumstances after getting notices referred to above the petitioners have now come forward with the present Special Civil Application before this Court.