High Court of Gujarat Upholds Nidhi Cooperative Society’s Right to Land under Town Planning Scheme: Obligation of Respondent Authority to Obey Orders and Fulfill Statutory Obligations

In a landmark judgment that reinforces the sanctity of legal entitlements and obligations, the High Court of Gujarat has delivered a decisive verdict in the long-standing dispute involving Nidhi Cooperative Housing Society Ltd., Snehanjali Cooperative Housing Society Ltd., and the Ahmedabad Municipal Corporation.

The bench, comprising Honourable The Chief Justice Mrs. Justice Sunita Agarwal and Honourable Mr. Justice Aniruddha P. Mayee, ruled in favor of the Nidhi Cooperative Society, affirming their rightful claim to land allocated under the Town Planning Scheme (Thaltej) No. 1. The court directed the Ahmedabad Urban Development Authority (AUDA) to fulfill its statutory obligations by implementing the scheme and handing over possession of Final Plot No. 65 to the Nidhi Cooperative Society.

In a strong observation underscoring the authority’s responsibility, the court stated, “It was, thus, the obligation of the respondent authority to obey the orders and fulfill its statutory obligations to allot the land to the petitioner.” This statement emphasizes the court’s stance on the adherence to legal commitments and the enforcement of rightful claims.

The case, which has seen multiple rounds of litigation over the years, centered on the disputed possession of Final Plot No. 65. Snehanjali Cooperative Society was found to have made unauthorized and illegal constructions on the said plot, leading to a series of legal battles. The High Court’s decision upholds previous rulings, including those by the Apex Court, affirming the entitlement of Nidhi Cooperative Society.

Additionally, the court provided a resolution pathway for Snehanjali Cooperative Society, offering them the option to either vacate the disputed plot or compensate by paying for an alternative plot identified as Final Plot No. 100-P.

Representatives from both societies and the Ahmedabad Municipal Corporation were present during the proceedings. Senior Advocates Mr. M.B. Gandhi and Mr. Mihir Joshi were among the legal counsels representing the parties involved.

Date of Decision: 10 November 2023

MOHINIBEN SURENDRASINH CHAUHAN Versus NIDHI CO OPERATIVE HOUSING SOCIETY LTD