SCA/8562/2008 2/ 4 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8562 of 2008 ========================================================= MAGHABHAI MITHABHAI PARMAR (DABHI) - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : MR KAMAL M SOJITRA for Petitioner(s) : 1, DS AFF.NOT FILED (N) for Respondent(s) : 1, MR PRASHANT G DESAI for Respondent(s) : 2 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 11/09/2008 ORAL ORDER
By
this petition the petitioner has challenged the communication dated
17.6.2008 issued by respondent No. 3 whereby the petitioner is asked
to vacate Block No. 3/41 Shitalnath E.W.S., and is called upon to
shift to Block No. 15/222 Satyam Vidhyalay E.W.S Scheme.
Heard
Mr. Sojitra learned Counsel for the petitioner, Mr. Asthavadi for
Mr. Desai learned Counsel for the respondent-Corporation.
Upon
hearing learned Counsel appearing for both the sides, it appears
that pursuant to the order dated 4.8.2004 passed by this Court
(Coram: M.R. Shah,J.) in Special Civil Application No. 1989 of 2004,
the alternative accommodation was provided to the petitioner by the
Corporation vide order dated 5.11.2004 (Annexure-C) and the
petitioner is occupying the same at Shitalnath E.W.S. In the very
communication, it was informed that if the petitioner is desirous to
get the block on permanent basis, he would be required to make
payment to the Corporation. It appears that the petitioner has not
made any payment to the Corporation, and the matter remained
as it is. In the meantime, as per the Corporation, the block which
is in occupation of the petitioner, is already allotted to one
another persons namely Kachhava Sonaji Kalaji. It was not possible
for the Corporation to permit the petitioner on permanent basis and
therefore, the petitioner is called upon to vacate the same, and the
petitioner is also asked to shift at another block No. 15/222
situated at Satyam Vidhyalay E.W.S Scheme.
Mr.
Sojitra learned Counsel for the petitioner submitted that there is
also another block allotted to the mother-in-law of the petitioner
situated at Shitalnath E.W.S. and the petitioner may shift to the
said block, which is in the occupation of the mother-in-law of the
petitioner and the mother-in-law of the petitioner shall shift to
Satyam Vidhyalay E.W.S. He also submitted that the petitioner is
desirous for permanent allotment, and if the block of Shitalnath
E.W.S. which is in occupation of the mother-in-law of the
petitioner, is not allotted to any one, the same may be allotted by
the Corporation to the petitioner, and the petitioner is also ready
to pay requisite amount for such purpose.
On
behalf of the respondent-Corporation under the instruction of the
Trikam G Patel, Divisional Superintendent, Estate Department,
Ahmedabd Municipal, who is present in the Court, it has been
submitted by the learned Counsel that the Corporation has no
objection in considering the proposal for shifting vice
mother-in-law of the petitioner, provided she is agreeable but for
such purpose the petitioner will have to move appropriate proposal
to the Corporation. It has also been submitted that otherwise block
No. 15/222 situated at Satyam Vidhyalay E.W.S. can be allotted to
the petitioner on permanent basis, if he is desirous to pay
requisite amount to the Corporation.
Under
these circumstances, the petitioner shall move appropriate
representation within a period of one week from today to the
respondent -Corporation by showing willingness on the part of the
mother-in-law of the petitioner, and also to deposit requisite
amount for permanent allotment to the Corporation. If such a
representation is made, the Corporation shall decide the same in
accordance with law, preferably within a period of one month from
the receipt thereof. Until the decision is taken, the interim relief
granted against coercive action shall continue to remain in
operation. It is also observed that Corporation shall abide by the
declaration made before this Court for considering the proposal
and/or allotment on permanent basis in accordance with law.
Disposed
of accordingly.
(JAYANT PATEL, J.)
Suresh*