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High Court of Gujarat

PRAJIVAN APARTMENT CO. OPERATIV HOUSING SOCIETY LTDversusTHE STATE OF GUJARAT

Decided
Disposal
47-DISPOSAL IN ANY OTHER MODE FH

Holding

The petition is disposed as the dissenting members have consented to the scheme and no further action is required.

Summary

The petitioners, Prajivan Apartment Co. Operative Housing Society Ltd and others, sought relief against the State of Gujarat and other respondents concerning a redevelopment scheme. Respondents 3 to 5, who were dissenting members, submitted an affidavit indicating they have now consented to the scheme and that a tripartite agreement with the redeveloper exists. Both the petitioner's counsel and the respondents' counsel agreed that, in view of this consent, no further steps are required. The court took the additional affidavit on record and disposed of the petition. Liberty was reserved for both parties in case of any difficulty, and direct service was permitted.

Issues considered

  • Whether the petition can be disposed of on the ground that dissenting members have consented to the redevelopment scheme under the tripartite agreement

Subjects

  • tripartite agreement
  • redevelopment scheme
  • dissenting members
  • special civil application
  • petition disposal

Judgment

      C/SCA/17533/2025                          ORDER DATED: 13/08/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 17533 of 2025

==========================================================
PRAJIVAN APARTMENT CO. OPERATIV HOUSING SOCIETY LTD & ORS.
                          Versus
               THE STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR BHAVIN S RAIYANI(3855) for the Petitioner(s) No. 1,2,3,4
MR ADITYA PATHAK ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 1
MR DEEP D VYAS(3869) for the Respondent(s) No. 2
MR. JIT P PATEL(6994) for the Respondent(s) No. 3,4,5
==========================================================

     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                            Date : 13/08/2026

                              ORAL ORDER


1.      Heard learned advocate Mr. Bhavin Raiyani for the
petitioners, learned AGP Mr. Aditya Pathak for respondent
No.1 – State, learned advocate Mr. Deep Vyas for respondent
No.2 and learned advocate Mr. Jit Patel for respondent Nos.3
to 5.


2.      Learned advocate Mr. Patel for respondent Nos.3 to 5
tenders copy of an affidavit by respondent Nos.3 to 5 and
would submit that in the instant petition, the respondent Nos.3
to 5, being the dissenting members, have now consented to the
scheme and whereas, nothing further remains to be done in


                                 Page 1 of 2
       C/SCA/17533/2025                                                        ORDER DATED: 13/08/2026




the matter. Learned advocate would also draw the attention of
this     Court,         to      the      agreement             entered          into      between            the
respondent Nos.3 to 5 with the re-developer.


3.       Learned advocate Mr.Raiyani would second the request
made by learned advocate Mr. Patel and would submit that, in
view of the tripartite agreement, nothing further is required to
be done.


4.       Having regard to the same, the additional affidavit is
taken on record. The petition stands disposed of.


5.       Liberty reserved in favour of both the parties in case of
difficulty.


6.       Direct service is permitted.



                                                                            (NIKHIL S. KARIEL,J)
NAIR SMITA V./28-SB




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SMITA VINU NAIR(HC00186), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 14/08/2026 10:48:26




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