Gujarat High Court
Vijay Vallabhbhai Patel & vs State Of Gujarat & 4 on 11 February, 2015
Author: Abhilasha Kumari
Bench: Abhilasha Kumari
C/SCA/1631/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 1631 of 2015
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VIJAY VALLABHBHAI PATEL & 1....Petitioner(s)
Versus
STATE OF GUJARAT & 4....Respondent(s)
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Appearance:
MR SHALIN N MEHTA, LEARNED SENIOR ADVOCATE WITH MR
ABHISHEK M MEHTA, ADVOCATE for the Petitioner(s) No. 1 - 2
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CORAM: HONOURABLE SMT. JUSTICE ABHILASHA
KUMARI
Date : 11/02/2015
ORAL ORDER
Heard Mr.Shalin N. Mehta, learned Senior Advocate with Mr.Abhishek M. Mehta, learned advocate for the petitioners.
It is submitted by the learned Senior Counsel that the petitioners are being constructively deprived of their private property as the respondents seek to construct a retaining wall/embankment, in a manner that separates the land of the petitioners from the land of Surat City and pushes it towards the Tapi river, thereby exposing the said land to the vagaries Page 1 of 4 C/SCA/1631/2015 ORDER of floods which may occur as the area is prone to flooding.
It is further submitted that the manner in which the wall/embankment is proposed to be constructed amounts to sandwiching the land of the petitioners between the river and the embankment so that the petitioners would be deprived of its effective use and enjoyment.
Learned Senior Counsel has further submitted that this would amount to a violation of the constitutional right of the petitioners to enjoy the right to use land under Article 300A of the Constitution of India, inasmuch as it would severely restrict the usage of the land for all times to come.
Learned Senior Counsel further submits that the said land has not been acquired by the respondents by any procedure known to law, nor is any compensation contemplated to be paid to the petitioners for the land. It is submitted that though compensation has been paid to the petitioners for the land used for the Page 2 of 4 C/SCA/1631/2015 ORDER construction of bridge over the Tapi river, which is a separate issue.
It is submitted that the right to the enjoyment of property is a constitutional right as well as a human right, as declared by the Supreme Court in a catena of judgments.
In support of the above submissions, learned Senior Advocate has placed reliance upon the following judgments:
(1) Lachhman Dass Vs. jagat Ram and others reported in (2007) 10 SCC 448 (2) Tukaram Kana Joshi and others Vs. Maharashtra Industrial Development Corporation and others reported in (2013) 1 SCC 353 (3) Dev Sharan and others Vs. State of Uttar Pradesh and others reported in (2011) 4 SCC 769 Issue Notice and Notice as to interim relief, returnable on 18.02.2015.
Page 3 of 4 C/SCA/1631/2015 ORDER
By way of adinterim relief, it is directed that the execution and construction of the retaining wall/embankment being carried out by the respondent authorities parallel to the land of the petitioners, shall remain stayed, till then.
In addition to the normal mode of service, Direct Service, today, is also permitted.
(SMT. ABHILASHA KUMARI, J.) piyush Page 4 of 4