1. The present petition under Article 227 of the Constitution of India has been preferred by the petitioner herein for appropriate writ, order and/or direction, directing the respondents to permit the petitioner to enter his residential premises being 1/5, Shaheri Garib Awas Yojana, Vijay Mill Compound, Asarwa, Naroda Road, Ahmedabad.
2. It is the case on behalf of the petitioner that the petitioner was allotted the aforesaid premises as River Front Project Affected Person and thereafter the petitioner occupied the same. Thereafter all of sudden, the respondents have put the lock on the residential premises occupied by the petitioner.
In response to the Notice issued by this Court, Mr.Uday Joshi, learned advocate appears on behalf of respondent Nos.1 to 3 and Mr.Rahul Dave, learned Assistant Government Pleader appears on behalf of respondent No.4. Affidavit-in-reply is filed on behalf of respondent Nos.1 to 3.
3. Mr.Uday Joshi, learned advocate appearing on behalf of respondent Nos.1 to 3 has submitted that though the premises in question was allotted to the petitioner, actual possession was not handed over to the petitioner, which is disputed by Mr.Motiramani, learned advocate appearing on behalf of the petitioner. If the requisite documents are furnished by the petitioner and the petitioner satisfy the authorities that the petitioner is entitled to get alternative accommodation as River Front Project Affected Person, the respondents have no objection to hand over the possession to the petitioner. Therefore, let the petitioner appears before the Executive Director, Sabarmati River Front Project on 17/05/2012 at 11:00 a.m. with requisite documents so as to satisfy the respondent Nos.1 to 3 that the petitioner was entitled to get alternative accommodation as River Front Project Affected Person and after hearing the petitioner if it is found that the petitioner is not entitled for the aforesaid premises, speaking reasoned order shall be passed by the said authority.
4. In view of the above, the present petition is disposed of by relegating the petitioner to appear before Executive Director, Sabarmati River Front Project on 17/05/2012 at 11:00 a.m. with all requisite documents to prove that the petitioner was residing at Sabarmati River Front Project Affected Area prior to the cut-off date and he is entitled to get alternative accommodation under the scheme and Executive Director, Sabarmati River Front Project to consider the same in accordance with law and on merits and in light of the policy for allotment of the alternative accommodation to the River Front Project Affected Person. If for any reason, authority is of the opinion that the petitioner is not entitled to get alternative accommodation under the scheme as River Front Project Affected person, in that case, Executive Director, Sabarmati River Front Project to pass speaking reasoned order and the same to be communicated to the petitioner within a period of two days i.e. on or before 19/05/2012. It goes without saying that if the petitioner is aggrieved with the said order, he can challenge the same before appropriate authority by filing appropriate proceedings, which shall be considered in accordance with law and on merits.
With this, the present petition is disposed of.
Direct service is permitted.
[M.R.SHAH,J] *dipti Top