Gujarat High Court
Somaiya Sheamus Laxmanbhai vs State Of Gujarat on 4 February, 2021
Equivalent citations: AIRONLINE 2021 GUJ 825
Author: Vikram Nath
Bench: Vikram Nath, Ashutosh J. Shastri
C/WPPIL/26/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/WRIT PETITION (PIL) NO. 26 of 2021
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SOMAIYA SHEAMUS LAXMANBHAI
Versus
STATE OF GUJARAT
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Appearance:
MR AADITYA D BHATT(8580) for the Applicant(s) No. 1
MS CHANDNI S JOSHI(9490) for the Applicant(s) No. 1
MR HS MUNSHAW for the Opponent(s) No. 2
MS SHRUTI PATHAK, AGP for the Opponent(s) No. 1
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CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM
NATH
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 04/02/2021
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH) 1 We have heard Mr. Aadiya Bhatt, learned counsel for the petitioner, Ms. Shruti Pathak, learned Assistant Government Pleader for the State respondent No.1 and Mr. H.S.Munshaw, learned counsel for the respondent No.2 - Rajkot Municipal Corporation. 2 By means of this petition under Article 226 of the Constitution of India framed as Public Interest Litigation, the petitioner - Somaiya Sheamus Laxmanbhai Page 1 of 5 Downloaded on : Sat Feb 06 03:33:22 IST 2021 C/WPPIL/26/2021 ORDER has prayed for appropriate directions being issued commanding the respondents not to remove the statute of Dr. Babasaheb Ambedkar from a place worshiped as Buddhist Monastery at Survey No.123/P, Final Plot No.288 in Final Town Planning Scheme Nana Mava 5, Village Nana Mava, Taluka and District Rajkot situate on Kalavad Road, Nr. Prem Mandir, Rajkot and other ancillary reliefs are also prayed.
3 The basis for setting up this claim is that the said plot although allotted to Rajkot Municipal Corporation for redevelopment, at some time certain slum dwellers developed their set up, a monastery and also a statue of Dr. Babasaheb Ambedkar. According to Mr. Bhatt, learned counsel for the petitioner, the said land is being used by these persons since last 30 to 35 years. It is thus submitted that the action of the respondents in all of a sudden attempting to remove the monastery as also the statue of Dr. Babasaheb Ambedkar, without any notice is patently illegal and unwarranted. Page 2 of 5 Downloaded on : Sat Feb 06 03:33:22 IST 2021
C/WPPIL/26/2021 ORDER 4 On the other hand, Ms. Shruti Pathak, learned
Assistant Government Pleader, has placed before us a copy of the judgment dated 31.07.2018 passed in Letters Patent Appeal No.675 of 2018, which according to her related to the same plot and a similar plea has also been raised there regarding the statue of Dr. Babasaheb Ambedkar being sought to be removed. It is further mentioned in paragraphs 11, 12 and 13 of the said judgment that the Court has considered all the aspects and concession agreement-part A-development agreement was executed on 14.05.2015 and the Government Resolution dated 18.07.2013, which provided for development of apartments for slum dwellers under the Gujarat Slum Rehabilitation Policy-PPP-2013. The Division Bench had also recorded that the Kachha constructions had been removed on 23.03.2016 and on the date when the order was passed, the alleged slum dwellers even were not in possession. In any case, the cause for which the land was to be utilized was a laudable one and for the betterment and upliftment of the slum dwellers by providing them pacca construction with all Page 3 of 5 Downloaded on : Sat Feb 06 03:33:22 IST 2021 C/WPPIL/26/2021 ORDER basic amenities.
5 Mr. H.S.Munshaw, learned counsel appearing for the Rajkot Municipal Corporation, confirmed that the plot in question which belong to the Rajkot Municipal Corporation was to be used for redevelopment and construction of apartments, out of which 85 were to be allotted to the slum dwellers under the Scheme referred to above. He further submits that there was never any monastery over the land in question. However, one statue of Dr. Babasaheb Ambedkar was there which has since been shifted to Buddha Vihar, which is situated at Kankot Road, Rajkot. He further submits that the developer has already paid part of the consideration to the Corporation amounting to more than Rs.20 crores and the balance is to be paid in due course. He further submits that this petition is a malafide petition based for ulterior motives. On one hand the Corporation is trying to provide better facilities to slum dwellers and on the other hand this petition has been filed by some unscrupulous persons, who stalled the development.
Page 4 of 5 Downloaded on : Sat Feb 06 03:33:22 IST 2021
C/WPPIL/26/2021 ORDER 6 In view of the above, we do not find any merit
in this petition to be entertained as Public Interest Litigation. Even otherwise, it is without any merit. Accordingly, this petition is dismissed.
(VIKRAM NATH, CJ) (ASHUTOSH J. SHASTRI, J) P. SUBRAHMANYAM Page 5 of 5 Downloaded on : Sat Feb 06 03:33:22 IST 2021