Gujarat High Court order comes with conditions that party plot owners in Ahmedabad must follow.
The Ahmedabad Municipal Corporation (AMC) lost the case against the owners of party plots which fall under the category of green belt as a bench of Gujarat high court, on Friday, asked the civic body to open the seals.
The bench of acting Chief Justice Bhaskar Bhattacharya and Justice JB Pardiwala, however, clarified that the AMC shall open the seals if the party plot owners fulfil three conditions specified by the high court. The conditions are: the party plots should have plot area exceeding 2,000 square metre; they should be on 18-feet wide road; and the owners would not make fresh construction and abide the possible Supreme Court ruling on green belt land.
The civic body had sealed 170 party plots, including 50 plots that fall under green belt category, in 2010-2011 on the grounds of illegal construction, improper fire safety system and parking facilities.
"We approached the high court as it earlier directed the AMC to open seals on the party plots which are not on green belt land," said Dhaval Dave, senior counsel appearing for six party plot owners who challenged the civic body's action.
"We contended before the court that the high court should also give relief to us as there should not be any discrimination between common party plots and green belt ones," Dave added.
Earlier, Gujarat high court, when party plot owners challenged the sealing process, did not grant relief to the green belt party plot owners as the AMC lodged protest on the ground that an important petition relating to green belt land has been pending before the Supreme Court and it ordered to maintain status quo.
Dave, however, protested AMC's argument by saying that there is no connection between status quo and the sealing drive. A revenue case relating to green belt in the town planning scheme in the urban areas is pending before the SC. According to government decision, there should not be any construction on the land which falls under category of the green belt in order to maintain environment and pollution-free climate.
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