1. This petition under Article-226 of the Constitution of India has been preferred, with the following prayers :
"A. Your Lordships may be pleased to admit and allow the present petition;
B. Your Lordships may be pleased to direct the Respondents not to act as per the Notices at Annexure-A colly with the present petition till the petitioners are given either alternative accommodation for the purpose of staying their family members as per the judgment of this Hon'ble Court as well as judgment of Hon'ble Apex Court or sufficient compensation so as to acquire the shelter for the petitioners as well as their family members.
C. Your Lordships may be pleased to issue an appropriate writ, order or direction to the Respondents not to take away the possession of the residential properties of the petitioner and not to demolish the said residential premises till they give alternative accommodation or compensation which is equivalent to market value of the said property;
D. Pending hearing and admission of the present petition, Your Lordships may be pleased to direct the Respondents to maintain the status quo, qua petitioners, as on date till the disposal of the present petition.
E. Any such other relief as the Hon'ble Court may deem just and expedient."
2. The petitioners are aggrieved by the impugned notice dated 13.01.2012 issued by respondent No.3, whereby they have been directed to vacate their premises, that are falling under the Draft Town Planning Scheme.
3. At the outset, Mr.Sachin D. Vasavada, learned advocate for the petitioners states that the interest of justice would be met, if the petitioners are permitted to make a representation to respondents Nos.2 and 3, within a period of one week from today, which may be directed to be considered and decided, as expeditiously as possible.
4. Mr.Prashant G. Desai, learned Senior Advocate with Mr.Kaushal D. Pandya, learned advocate for respondents Nos.2 and 3, is present on supply of an advance copy of the petition and submits that the representation shall be decided, within the time stipulates by this Court.
5. Upon the above statements being made by the learned counsel for the respective parties, the following order is passed :
The petitioners may make a representation to respondent No.2, within a period of one week from today. In the event that the representation is made within the stipulated period of time, respondent No.2 shall consider and decide the same, in accordance with law, within a period of one week from the date of receipt thereof. Status-quo, qua the impugned notices dated 13.01.2012 shall be maintained, which shall automatically come to an end after communication of the decision to the petitioners.
The petition is disposed of, in the above terms, without entering into the merits of the case.
Direct service of this order, today, is permitted.
(Smt.
Abhilasha Kumari, J.) ~gaurav~