Bopal residents may lose homes as HC terms builder’s permission illegal

People occupying at least 188 units in Bopal area of Ahmedabad might lose their homes.

Written by Express News Service | Ahmedabad | Published: April 11, 2013 4:33 am

People occupying at least 188 units in Bopal area of Ahmedabad might lose their homes. A division bench of the Gujarat High Court (HC) on Wednesday declared the permission granted to an Ahmedabad-based builder by the Ahmedabad Urban Development Authority (AUDA),pending sanction of the draft town’s planning scheme by the state government,as illegal.

The bench upheld a single-judge bench’s judgment in this regard to quash and set aside the permission. Ironically,after procuring the development permission from the AUDA in 2009,the builder has erected the housing scheme of around 188 units and almost all the units are occupied now. The housing scheme is under the name of Nilkanth Villa.

The division bench,comprising Justices V M Sahai and S G Shah,passed a judgment while acting on an appeal moved by the builder,Dharmadev Infrastructure Private Limited.

According to the details available,one Dharmendra Kumar Patel from Bopal area had approached the HC in 2009 after he discovered that the builder had started developing his land although the draft town’s planning scheme was not sanctioned by the state government.

Patel’s lawyer,Kaushal Pandya,said that Patel owned 2,428 square metre land in Bopal and a big chunk of the same was proposed to be acquired under the Gujarat Town Planning and Urban Development Act by the AUDA for one of its TP schemes. The draft town’s planning scheme was not sanctioned by the state government which is mandatory under the statute. Patel had also registered his objections to the same.

Though,when he discovered that the builder was developing his land,Patel came to know through RTI applications that the AUDA had granted development permission to the builder in anticipation of sanctioning of the draft town planning scheme. Following this,Patel moved the HC,seeking to quash the development permission granted to the builder by the AUDA.

At the HC,Pandya said the builder took defence that they had developed the scheme after procuring development permission from the AUDA which was given in anticipation of sanctioning of the draft TP scheme. Whereas,he added,the AUDA took defence that under certain provisions of the Gujarat Town Planning and the Urban Development Act,it was entitled to give development permission to the builder.

Patel’s petition was decided by a single-judge bench of the HC in March 2011 while negating defence of both the AUDA and the builder.

Against this,the builder had moved an appeal before a division bench. And the division bench has upheld the single-judge bench order of quashing the development permission.

Pandya said that now they were going to move an application before the AUDA to remove the housing schemes erected by the builder since the development permission has been quashed by the HC. “We are also going to file a caveat before the Supreme Court in this regard,” he added.

Man ‘involved’ in 81 offences arrested

The Ahmedabad district police arrested a 33-year-old man for allegedly committing 81 offences ranging from murder,burglaries and dacoity over the last five years mostly in the district.

In a press conference Wednesday,Ahmedabad Superintendent of Police Gagandeep Gambhir claimed that while hunting the men,who robbed and created panic in two housing societies in Bopal last month,the police caught hold of Gabi alias Gopal Khema,a daily labourer,resident of Limkheda in Dahod district. He was arrested from Dholka taluka on Tuesday.

Gambhir claimed that Gabi is the mastermind of “Gabi Gang” which is involved in dacoity at various places including Ahmedabad district. Although she claimed that the gang has five to six members but they are yet to be arrested.

She said Gabi has confessed to have been involved in a murder case,four cases of attempt to murder,10 cases of dacoity and 25 cases of burglaries among others.

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