Gujarat High Court
Rajveer Pravinchandra Upadhyay vs State Of Gujarat on 1 February, 2022
Author: A.Y. Kogje
Bench: A.Y. Kogje
C/SCA/2661/2016 ORDER DATED: 01/02/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2661 of 2016
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RAJVEER PRAVINCHANDRA UPADHYAY & 5 other(s)
Versus
STATE OF GUJARAT & 2 other(s)
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Appearance:
JAY R SHAH(8428) for the Petitioner(s) No. 1
JUCKY LUCKY CHAN(8033) for the Petitioner(s) No. 2,3,4,5,6
MR ANAL S SHAH(3988) for the Respondent(s) No. 3
MR DEEP D VYAS(3869) for the Respondent(s) No. 2
NOTICE SERVED for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 01/02/2022
ORAL ORDER
1. This petition under Article 226 of the Constitution of India is filed seeking direction to stop construction of water distribution station on the common plot and garden of Gujarat Housing Board, Chandkheda and to transfer the construction of water distribution station from common plot and garden of Gujarat Housing Board, Chandkheda to some other place.
2. Learned Advocate for the petitioners submitted the Housing Board wherein the petitioners are having their residential premises, had provided for the common plot for the use by the residents of the area. However, it has come to the knowledge of the petitioners that the said common plot is now being used for the purpose of setting up water distribution station. Hence, the petitioners, who formed lose association in the name of Jagrut Yuva Page 1 of 5 Downloaded on : Wed Feb 02 20:49:12 IST 2022 C/SCA/2661/2016 ORDER DATED: 01/02/2022 Nagrik Sangathan, had given notice in this connection to the Commissioner of Ahmedabad Municipal Corporation. However, there is no action on their part of stopping the construction of water distribution station. The petitioners had therefore made an application under the Right to Information Act calling for the information with regard to status of the construction on the common plot, to which reply was given under the Right to Information Act and as per the reply given, for any construction in the common plot, permission of the association, NOC of the Gujarat Housing Board and permission for construction by the Development Authority is essential.
2.1 It is submitted that though the respondents authorities are carrying out construction, the petitioners are of the view that no permission has been sought by them.
2.2 Learned Advocate for the petitioners drew attention of the court to layout plan of the Gujarat Housing Board to show location of the common plot.
3. As against this, learned Advocate for the respondent- Corporation submitted that the requirement of setting up of water distribution station was to cater to the requirement of water to the residents of the very Housing Board and in fact, the area on which construction of this water distribution station is being set up, there already existed a small overhead tank and bore cabin. Page 2 of 5 Downloaded on : Wed Feb 02 20:49:12 IST 2022
C/SCA/2661/2016 ORDER DATED: 01/02/2022 3.1 It is submitted that after considering the objections which were received, construction of water distribution station
was made in such a fashion so that the area which is already utilized for water distribution station in the Housing Board, in that area, only bigger system is installed, whereas sufficient open space is available.
3.2 It is submitted that the respondent-Coropration has received all necessary permission /NOC not only from the Housing Board but also from the Development Authority for setting up of water distribution station. Attention is drawn to communication dated 24.04.2013 by the Superintending Engineer, Gujarat Housing Board regarding transfer of part of the common plot to the Municipal Corporation.
4. Having heard learned Advocates for the parties and having perused documents on record, it appears that the issue pertains to setting up of water distribution station in common open plot of Gujarat Housing Board, Chandkheda. From the pleadings it appears that originally the area was with Chandkheda Nagarpalika, which was merged within city limits by government notification dated 01.04.2008. In view of merged areas, there was deficit and shortfall of water and therefore need arose to supply water for the areas of Chandkheda. That even on considering census of 2011 against daily requirement of approx. 85 Lac Liters for human Page 3 of 5 Downloaded on : Wed Feb 02 20:49:12 IST 2022 C/SCA/2661/2016 ORDER DATED: 01/02/2022 consumption, the supply was around 20 Lac Liters. Under the circumstance, there was requirement to make provisions by setting up and supply of 25 Lac Gallons (around 113.5 Lac Liters) for consumption in entire areas. The subject land had been acquired by the Gujarat Housing Board under Land Acquisition Act and they are owners of the land. That in view of requirement to meet with deficit supply Housing Board was requested for allotment of land on 11.02.2013 which came to be acceded for common open plot (COP) on 24.04.2013. The Water Supply Sewerag Committee and Municipal Board by resolution dated 06.01.2014 and 30.01.2014 approved estimates and accorded sanction making tender process for setting underground water tank and water distribution facilities and others on operational and maintenance having capacity of 25 Lac Gallons.
5. The respondent-Corporation has stated on oath with regard to availability of open space on the common plot wherein, in para-9 it is stated as under:-
"9. It is submitted that in the aforesaid land there was existing small overhead water tank and bore cabin. That in view of the aforesaid and objections receive from some local residents, upon deliberations it had been resolved to make construction of underground water tank towards the areas of existing water facilities, leaving major land/space of COP vacant.
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C/SCA/2661/2016 ORDER DATED: 01/02/2022
6. The Court has taken into consideration development permission which is produced at Annexure-R5, where in the center of the layout is a common open plot wherein portion of the common open plot where earlier system for water supply was functioning like overhead tank and bore cabin and EX UG sump near that water distribution station, which is underground, system has been set up. The water distribution station is covered by a compound wall and even beyond the compound wall, it is found that there open space is still available to cater to the needs of the residents of the Gujarat Housing Board.
7. This Court is of the view that as the purpose for which part of the common open plot is being utilized to cater to the water needs of the locality and that the same is being put up as underground tank that too near to already existing system and having found that still sufficient open land is available for the residents of the Housing Board in the very common plot, the Court is not inclined to interfere. The petition therefore deserves to be and is hereby dismissed. Notice is discharged.
(A.Y. KOGJE, J) SHITOLE Page 5 of 5 Downloaded on : Wed Feb 02 20:49:12 IST 2022