(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) Rule.
Mr. Rashesh Rindani, learned Assistant Government Pleader waives service of rule on behalf of respondent No.1; Mr. Satyam Chhaya, learned advocate waives service on behalf of respondents No.2 and 3. Heard learned counsel for the parties. In view of the facts and circumstances, this application is taken up for final disposal today.
2. By this writ-application, the writ-applicant has prayed for a declaration that the benefit arising out of the order dated January 20, 2012 passed by this Court in Misc. Civil Application No. 2561 of 2011 to 2565 of 2011 should also be made available to the case of the petitioner and we should pass direction upon the Municipal Corporation to process the application filed by the petitioner in terms of the order dated January 20, 2012 passed by this Court in Misc. Civil Application No. 2561 of 2011 and analogous matters.
3. By the above order dated January 20, 2012, this Court, on the applications for review filed by five different applicants, reviewed the earlier common order dated February 22, 2011 passed by a Division Bench of this Court in Special Civil Applications No. 16308 of 2010 and other analogous petitions. The relevant concluding portion of the order dated January 20, 2012 is quoted below:
"We, therefore, recall the order dated 22nd February 2011 passed by the Division Bench in Special Civil Application No.16308 of 2010 and other analogous petitions and direct the Ahmedabad Municipal Corporation to open the seals of the party-plots, subject to following conditions :-
(1). The Corporation shall examine the case of each of the applicants so as to ascertain as to whether the area of the plot is 2000 sq.meters or more.
(2). Secondly, the plot is abutting on 18 meters or more wide road, and (3). Thirdly, on each of the applicants filing an undertaking on oath before this Court that they shall not put-up new construction and shall handover, without any objection whatsoever it may be, or without claiming any equity, such part of the said land as may be required to be handed over pursuant to the decision of the Hon'ble Supreme Court as it is the stand of the Corporation that under the requirement of the Town Planning Scheme, 50% of the plot area is to be deducted if such plot area is a part of old Green Belt Zone.
With the above observations and directions, the Applications are allowed. However, there shall be no order as to costs.
It is clarified that it will be open for the Ahmedabad Municipal Corporation to proceed in accordance with law if it is ultimately found that any of the plot holders has put up illegal construction.
Upon pronouncement of the judgment and order, learned counsel Mr.Prashant Desai appearing with learned advocate Mr.Satyam Chhaya for the Ahmedabad Municipal Corporation requested the Court to stay the operation of our judgment and order for a period of four weeks from today."
4. According to the petitioner, his case is similar to the ones involved in the above Special Civil Application No. 16308 of 2010 and other analogous petitions inasmuch as the present writ-applicant was also similarly situated with those writ-applicants of Special Civil Applications No. 16308 of 2010 and analogous petitions, which arose pursuant to an order passed in a Public Interest Litigation, and as such he should be also conferred the same benefit as was granted by this court by order January 20, 2012 passed in Misc. Civil Application No. 2561 of 2011 and analogous matters.
5. After hearing the learned counsel for the parties and after taking into consideration the fact that the order dated February 22, 2011 passed in Special Civil Applications No. 16308 of 2010 and analogous petitions was subsequently reviewed by the Division Bench by order dated January 20, 2012 passed in Misc. Civil Application No. 2561 of 2011 and analogous matters, in our opinion, the present writ-applicant is also entitled to get the benefit of the above order dated January 20, 2012 passed in Misc. Civil Application No. 2561 of 2011 and analogous matters provided he comply with the conditions mentioned in the said order.
6. In such circumstances, we dispose of this writ-application in terms of the above order dated January 20, 2012 passed in Misc. Civil Application No. 2561 of 2011 and analogous matters quoted in paragraph 3 hereinabove. The petitioner shall file appropriate application before the Municipal Corporation within a period of three weeks from today. If such application is filed, the Corporation shall examine the case of the applicant on merit so as to ascertain whether the area of the plot is 2000 sq. mtrs or more and whether the plot abuts to a road having width of 18 mtrs. or more. If the Municipal Corporation is satisfied that the applicant comes within the above two parameters, in such cases the Corporation will ask the applicant to file an undertaking in terms of clause (3) of the above order and if the applicant files such undertaking within a fortnight from the date of communication by the Municipal Corporation calling upon the applicant to file undertaking, the Corporation will give the same benefit as given to other applications for review vide order dated January 20, 2012 passed in Misc. Civil Application No. 2561 of 2011 and analogous matters.
7. This writ-application is allowed accordingly. Rule is made absolute accordingly. No order as to costs.
(Bhaskar Bhattacharya, Actg. C.J.) (J.B.
Pardiwala, J.) */Mohandas Top