Objections to a draft town-planning road must be considered before sanction of the preliminary scheme.

The petitioner housing society purchased 6,056 sq. metres of old-tenure land bearing Revenue Survey No. 64/A at Chandlodia, Ahmedabad, and obtained approval for its layout plan on 6 November 1975.

The land was divided into sub-plots allotted to 36 members, primarily workers belonging to the weaker sections, who constructed residential houses thereon.

Portions of the land had already been affected by a proposed railway project and an existing road, leaving approximately 867 sq. metres as common open land; residential construction occupied approximately 4,108 sq. metres.

The petitioner challenged the State Government’s notification dated 6 June 2017 sanctioning Draft Town Planning Scheme No. 45/B, Chandlodia, under Section 48(2) of the Gujarat Town Planning and Urban Development Act, 1976, along with an eviction notice dated 11 May 2018 issued under Section 48-A and the Ahmedabad Municipal Corporation’s order dated 25 June 2018 rejecting the petitioner’s objections.

The petitioner principally objected to a proposed 12-metre town-planning road on the northern side of its plot, which would affect existing residential constructions. During the hearing, it was undisputed that the preliminary town-planning scheme under Section 52 had not yet been finalised.

1. Whether the petitioner’s objections concerning the proposed 12-metre town-planning road and the consequential impact on its land and existing residential constructions could be raised before the Town Planning Officer during preparation of the preliminary town-planning scheme under Section 52 of the Act.

2. Whether the eviction notice dated 11 May 2018 under Section 48-A and the consequential communication dated 25 June 2018 could be implemented before the petitioner’s objections were considered and the preliminary town-planning scheme was sanctioned in accordance with law.

3. Whether the Town Planning Officer was required to consider the petitioner’s objections in accordance with the principles of natural justice, after hearing all affected stakeholders and the Ahmedabad Municipal Corporation.

The Court applied Sections 48(2), 48-A, 50 and 52 of the Gujarat Town Planning and Urban Development Act, 1976. Section 48(2) concerns the State Government’s sanction of a draft town-planning scheme; Section 48-A concerns eviction in connection with implementation of such a scheme; Section 50 provides for appointment of the Town Planning Officer; and Section 52 governs preparation and finalisation of the preliminary town-planning scheme.

The Court held that objections concerning the allotment of land and proposed town-planning roads could be considered by the Town Planning Officer while preparing the preliminary scheme under Section 52, and that such consideration had to comply with the principles of natural justice and the statutory procedure.

Since the preliminary town-planning scheme had not yet been finalised, the Court found that the petitioner still had an effective statutory opportunity to challenge the proposed northern 12-metre road before the Town Planning Officer.

The Court therefore did not finally adjudicate the merits of the petitioner’s objection or invalidate the draft scheme. Instead, it directed that the petitioner be permitted to submit a proper representation addressing the impact of the proposed road, particularly in light of the limited remaining common plot and the existing houses occupied by members from weaker sections of society.

The Town Planning Officer was required to issue notice to the petitioner, affected owners and occupiers, and the Ahmedabad Municipal Corporation, and to decide the objections in accordance with natural justice and the Act.

Pending that process, implementation of the eviction notice and the rejection communication was considered premature and was consequently restrained.

The Town Planning Officer was directed to hear all concerned parties, including the Ahmedabad Municipal Corporation, and decide the objections in accordance with the Gujarat Town Planning and Urban Development Act, 1976 and the principles of natural justice.

Until the objections were decided and the preliminary town-planning scheme was sanctioned in accordance with law, the eviction notice dated 11 May 2018 and the communication dated 25 June 2018 were directed not to be given effect.