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The Gujarat High Court has issued an order to residents of a housing society near Gulab Tower, instructing them to deposit Rs 79 crore with the Ahmedabad Urban Development Authority (AUDA) by December 31. Failure to comply will result in their eviction from the plot by the Ahmedabad Municipal Corporation (AMC).
Under the directive of Chief Justice Sunita Agarwal and Justice Aniruddha Mayee, the occupants of Snehanjali Cooperative Housing Society must fulfil this payment. If they fail to do so, they will be evicted from Final Plot 65 in Thaltej Town Planning Scheme No. 2 and the plot will be transferred to Nidhi Cooperative Housing Society.
However, if Snehanjali Society meets the payment requirements, AMC will allocate a 4,645 square metre plot to Nidhi Society at another location, Final Plot 100/E in the TP Scheme. The valuation set by AMC for Final Plot 100/E stands at Rs 79 crore, calculated at a rate of Rs 1.70 lakh per metre. Snehanjali Society's land on Final Plot 65, on the other hand, was valued at Rs 1.38 lakh per square metre.
These court directions come after an extended legal battle spanning two decades involving the two societies, AUDA, and AMC. The conflict originated in 1996 with the finalisation of the Thaltej TP Scheme, during which Nidhi Society was slated to receive three plots from AUDA. While two plots were successfully acquired by the society, the third plot offered to them already had existing construction. Consequently, Nidhi Society approached the HC in 2003 as the third plot remained elusive. The HC instructed AUDA to allocate a final plot to Nidhi Society.
In 2005, Snehanjali Society filed a petition. However, Snehanjali Society faced setbacks in the HC and Supreme Court, where their construction was deemed illegal.
In a 2009 resolution, AUDA engaged both societies in a tripartite agreement, committing to allocate a vacant 4,645 square metre plot, Final Plot 100, to Nidhi Society. Snehanjali Society was to bear the cost of Rs 3.21 crore. Yet, this arrangement didn’t materialise, prompting Nidhi Society to approach the HC once more.
Now, Snehanjali Society faces the obligation of paying Rs 79 crore by the month end to avert eviction.
This prolonged legal tussle underscores the complexities and challenges in resolving land disputes, underscoring the significance of adherence to legal agreements and timely fulfilment of obligations to avoid such contentious issues.
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