(Per : HONOURABLE MR.JUSTICE P.B.MAJMUDAR) The appellants have filed the present appeal against the order passed by the learned Single Judge in Special Civil Application No.24857 of 2006. The respondent No.1 herein was the original petitioner in which the present appellants as well as the Ahmedabad Municipal Corporation were original respondents. The prayer in the writ petition was to direct the Corporation to implement the Final Town Planning Scheme and evict the unauthorised occupants, who are illegally occupying the plot in question. The learned Single Judge by the detail reasoned order came to the conclusion that in order to implement the Final Town Planning Scheme, Final Plot No.392 of Town Planning Scheme, Naroda-I is required to be handed over to the original owner and vacant possession is required to be given to the original owner. The Corporation was directed to perform its statutory duty accordingly and direction was given that original owner should be given peaceful and vacant possession of the Final Plot No.392. The aforesaid order is challenged by the alleged unauthorised occupants of the said plot by way of the present appeal.
Learned counsel for the appellants submit that the appellants are in a very pathetic financial situation and they were occupying the area in question since last more than 25 years. It is also submitted by the learned counsel for the appellants that the Corporation may atleast provide other alternative place to the appellants where they can continue to reside, otherwise they will become homeless during this rainy season.
So far as the aforesaid aspect is concerned, it will be open for the appellants to approach the Corporation by way of representation and if any representation is made by the appellants, the Corporation shall decide the same in accordance with law and while keeping in mind the fact that the appellants, who are to be dispossessed, will be roofless and if as per the Scheme of the Corporation if they can provide alternative accommodation, the Corporation may decide the representation, if any made by the appellants, accordingly keeping in mind the policy of the Corporation as well as of the State Government in this behalf. The Corporation is also directed to decide the representation, if any made by the appellants, within a period of three months from the date of receipt of such representation. If hearing is required to be given to appellants, hearing can be given to any one of them.
Considering the request made by the appellants that they may be given some time and considering the fact that at present monsoon season is going on, we direct the appellants to vacate the existing premises latest by 16th August, 2012. It is, however, clarified that if the representation, if any, made by the appellants is pending and/or it is not decided within the stipulated time, then also the appellants shall vacate the existing premises latest by 16th August, 2012 without asking for further extension in this behalf.
Subject to what is stated above, present appeal is dismissed.
(P.B.
Majmudar, J) (Paresh Upadhyay, J) Anup Top