1. This petition under Article-226 of the Constitution of India has been filed, with the following prayers :
"A) Your Lordships may be pleased to issue writ or mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction, directing respondents to consider objections of the petitioner dated 7-2-2011, annexed at Annexure A, and to consider to shift the reservation shown as "Garden" at plot no.69 in the proposed Draft Town Planning Scheme No.98, Ahmedabad (Naroda-Kotarpur) to some other place.
B) Your Lordships may be pleased to issue writ of mandamus or writ in the nature of mandamus or any other writ, order or direction directing the respondent authorities to modify the proposed Draft Town Planning Scheme No.98, Ahmedabad (Naroda - Kotarpur) to the extent it shows the reservation of Garden in plot no.69 on the premises of the petitioner viz. Godown, so that the Godown of the petitioner is not required to be demolished as the construction of the Rushvina Park Co. Op. Housing Society is in accordance with the permission granted by the District Panchayat;
C) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to direct the respondents, their agents and servants not to implement the said proposed Draft Town Planning Scheme No.98, Ahmedabad (Naroda-Kotarpur) qua Plot no.69 of the petitioner situated at Rushvina Park Co. Op. Housing Society Ltd. and not to demolish the Godown of the petitioner on the plot no.69 till the final disposal of this petition;
D) Your Lordships may be pleased to pass such other and further order or direction that may be deemed fit and proper in the facts and circumstances of the case."
2. The case of the petitioner, in brief, is that he is running a Gas Agency and has a godown to store gas cylinders in Rushvina Park Co-operative Housing Society Limited, for which permission has been accorded by the competent authorities. It is submitted that the said society (which is a society for residential purposes for the weaker sections of the society) passed a resolution on 01.09.1989 to construct shops on a part of the common plot. The revised plan for this purpose was approved by the competent authority. However, in the proposed Town Planning Scheme, the area where the godown of the petitioner is situated, is shown as a 'Garden'. The grievance of the petitioner is that his objections dated 07.02.2011, made pursuant to the public notice inviting objections, have not been considered in proper perspective. Hence, the petition.
3. Mr.M.K.Vakharia, learned advocate for the petitioner submits that the interest of justice would be met, if the petitioner is permitted to make a fresh representation to the Secretary, Urban Development and Urban Housing Department, who may be directed to consider and decide the same, after granting the petitioner an opportunity of hearing, within a time-bound period.
4. Upon the above statement being made by the learned advocate for the petitioner, the following order is passed :
In the event that the petitioner makes a fresh representation to the Secretary, Urban Development and Urban Housing Department (respondent No.1), within a period of 15 days from today, the said respondent shall consider and decide the same, in accordance with law, after granting the petitioner an opportunity of personal hearing. The decision shall be rendered within six weeks from the date of personal hearing.
The petition is disposed of, in the above terms, without entering into the merits of the case.
Direct service of this order is permitted.
(Smt.
Abhilasha Kumari, J.) ~gaurav~ Top