The Gujarat high court confirmed its stay on construction and development at the new facility of the Sports Club of Gujarat at Chekhla village and admitted the petition challenging the development by the club on a common plot of a residential society which is in Agriculture Zone-1.
The Sports Club of Gujarat had requested the high court to vacate the stay, but Justice Sangeeta Vishen confirmed her status quo order and posted the matter for final hearing on March 28.
The judge clarified that the club cannot put up any construction or development, for there is no development permission granted by the Ahmedabad Urban Development Authority (Auda) for the same.
The counsels for the club and the developer urged the judge to clarify on the aspect whether the present activities in the premises should continue. Petitioner Vijaykumar Bhawan’s counsels Sharvil Majmudar and Kaushal Patel submitted that the club cannot be allowed the use of the land at all, for the land belongs to the common plot of the society. They also urged the court to clarify whether the authority can take any decision on any plan put up by the club.
Justice Vishen clarified that the club can apply and AUDA is free to decide on the club’s applications in accordance with law. However, till further orders, the club management will have to maintain status quo.
The judge said what weighed with the court while confirming the stay is that the land falls in Agriculture Zone-1. The club admitted that less than 25% of its activities are going to be related to sports. The club may continue to use the land the way it is being used without putting up further construction. However, there is no restriction on the club’s seeking development permission and Auda taking any decision on it.
The petitioner is a member of the residential society, a part of whose common plot the club has purchased. The petitioner challenged the club’s bid to develop the land by claiming that it was the society’s common plot, and Auda’s plot validation for the club is not proper because club activities are not permitted on this land.
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