'Development Not At Cost Of Students': Gujarat High Court Asks Civic Body To Consider Plea For Excluding College Ground From Planning Scheme

The Gujarat High Court on Wednesday (October 8) directed Rajkot Municipal Corporation to decide the objections/ representation made by Mahatma Gandhi Charitable Trust which runs an engineering college in Mavdi— seeking exclusion of the college playground from the town planning scheme. 

In doing so the court said that while "development is appreciated" however it cannot be made at the "cost of student's playground". 

Justice Mauna M Bhatt was hearing a plea by the public trust established in 1965 seeking to declare the sanctioning of a draft town planning scheme for Mavdi, Rajkot under a 2024 notification as illegal and unjust with respect to the petitioner's property. The petitioner further sought consideration of its representation by the authorities for exclusion of its property from the scheme.

The high court in its order dictated:

"From the photographs it is noticed by this court, that land in question is used for purpose of playground and any other purpose of having educational event or cultural event. There is no denial to the fact that there is a technological institution connected with the engineer college and students of the technological institution also use the said playground. In the opinion of this court, any educational institution without any open land would not serve the purpose of education unless and until the same is followed by cultural or other educational activity for which the playground is used". 

It further referred to government's own guidelines and noted that deduction of the open land of the educational institution is so far possible prohibited, and only a deduction of 10% is suggested.

The court thereafter directed the town planning authority to consider representation/objection of petitioner in consonance with Section 52 of the Gujarat Town Planning & Urban Development Act read with the town planning rules. The court said it expects the concerned officer to consider guidelines of the state government before considering objection/representation of petitioner. Thereafter it is open for the authority to pass an order as per law before sending the scheme to the state government. 

The court at this stage further said, "In the opinion of this court, the development is always appreciated but not at the cost of playground of the students".

The counsel appearing for the public trust submitted that it is running an engineering college on the land and the ownership and construction was pursuant to development permission given by Rajkot Municipal Corporation. The trust is engaged in imparting education and the trust has established several educational institutions at various level including the colleges of Arts, Commerce and Engineering. 

He said that a plot in village Mavdi, was allotted by the state government to the trust. Since the government has allotted land to the petitioner for purpose of establishment of an engineering college, the petitioner after having due development permission from the corporation constructed the building in 2018 and has been running the college since then. 

It was argued that at present more than 1100 students are studying in the college which contains a playground used for carrying out various cultural activities and youth festival along with general use by the students. 

Thereafter the corporation declared intention to frame a draft scheme under Section 41 of the Gujarat Town Planning & Urban Development Act. A public notice was issued and since an "open area" used by petitioner trust is forming part of the town planning scheme the petitioner raised objections upon issuance of public notice. However ignoring the objections, the draft scheme was sanctioned on 31-1-2024 under Section 48 of the Act, the counsel said. 

Since the objections were not considering before sanctioning the draft scheme, the petitioner raised objections before the town planning authority and as per petitioner's knowledge, the draft scheme is at the stage of being sent to the state authority for approval. He said that if the objections were not considered and scheme is for any reason is sanctioned, the entire petition would be rendered infructuous. 

The State's counsel submitted that draft town planning scheme was sanctioned by state government vide notification dated 31-1-2024; thereafter as provided under the Act all stakeholders have been informed to raise objections.

The counsel said that the petitioner after sanctioning of draft scheme was provided with an opportunity of hearing by issuance of notice and it appears from communication the hearing took place. However considering request of petitioner it was adjourned. However if petitioner's objections are considered by direction of this court no prejudice would be caused to the respondents. 

Case title: MAHATMA GANDHI CHARITABLE TRUST v/s  STATE OF GUJARAT & ORS.

R/SCA/6403/2023