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Judgment
M.R. Shah, J.—By way of this petition under Article 226 of the Constitution of India, petitioners herein have prayed for appropriate writ, direction or order declaring the action of the respondent Corporation in not granting permission to the petitioners for development of the land bearing City Survey No. 9/1, tikka 5/1 situated at village Kasba, District Vadodara to the petitioner Company. It is also further prayed for an appropriate writ, direction or order quashing and setting aside the impugned communication dated 13.01.2010 by the Town Development Officer, Vadodara Municipal Corporation, Vadodara by which the application submitted by the petitioners for development permission to put up the construction on the land in question has been rejected. It appears that the development permission has been denied to the petitioners on the objections raised by M.S. University, Vadodara. It is the case on behalf of the University that such a mall/commercial building in which there can be multiplex or cinema hall should not be permitted as it will be against the interest of students etc.. Number of objections are also raised by M.S. University inclusive of some species of trees standing on the land in question.
An undertaking has been filed on behalf of the petitioners affirmed by one Shri E. Sureshkumar Nair S/o. T.S. Nair, authorized signatory of petitioner No. 1 - Company that the petitioner Company will not construct nor the petitioner No. 1 Company will allow or permit anyone in future to use the place for any type of multiplex or cinema hall or for anything which tantamount to viewing of cinema inside the mall proposed to be constructed. It is also undertaken by and on behalf of the petitioner No. 1 that the petitioner No. 1 Company will not cut, damage or destroy species of trees or as provided under The Saurashtra Felling of Trees (Infliction of Punishment) Rules, 1961 or as provided under the The Saurashtra Felling of Trees (Infliction of Punishment) Rules, 1961 while construction of the proposed mall and even thereafter, for all times to come. Therefore, it is submitted that most of the grievances and/or objections by the University can be taken care of. Therefore, it is requested to direct the Corporation to reconsider its decision dated 13.01.2010 with respect to grant of development permission to the petitioners for putting up construction and/or development on the land in question in accordance with law at the earliest.
Shri Pranav Desai, learned advocate appearing on behalf of the Corporation has stated that in light of undertaking filed by the petitioners reproduced hereinabove, Corporation shall reconsider its decision dated 13.01.2010 and considering the application of the petitioners for development permission and/or to put up the construction on land in question in accordance with law and after considering the objections raised by the M.S. University, Vadodara. Shri S.N. Shelat, learned senior Advocate appearing on behalf of the University has submitted that suitable observation be made directing the Corporation to consider the views/objections of the University in accordance with law while reconsidering its decision and considering the application of the petitioners for development permission.
The undertaking on behalf of the petitioner No. 1 Company affirmed by Shri E. Sureshkumar Nair S/o. T.S. Nair, authorized signatory of petitioner No. 1 - Company reproduced hereinabove, is directed to be taken on record and petitioners, its agents, servants and subsequent occupiers are directed to act as per the undertaking filed on behalf of the petitioners dated 30.07.2010, the reference of which is made herein above. Meaning thereby, as agreed by the petitioners, there shall not be any multiplex or cinema hall or any portion of the mall proposed to be constructed shall not be permitted to be used for all time to come in future for any type of multiplex or cinema hall or for anything which tantamount to viewing the cinema inside the mall proposed to be constructed. Similarly, petitioners, its agents, servants and subsequent occupiers are directed to act as per para 2 of the undertaking dated 30.07.2010 with respect to species of trees standing on the land in question. As stated herein above, respondent Corporation to reconsider its decision dated 13.01.2010 with respect to grant of development permission to the petitioners for putting up construction on the land in question after considering the objections/views of the M.S. University, Vadodara which are already with the Corporation, in accordance with law and on its own merits. However, aforesaid exercise shall be completed within a period of six weeks from today and communicate the outcome of the same to the petitioners as well as M.S. University, Vadodara.
With this, present Special Civil Application is disposed of. Direct service is permitted.