Shree Ramkrishna Seva Mandal vs Anand Municipality on 8 March, 2017

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Gujarat High Court

Shree Ramkrishna Seva Mandal vs Anand Municipality on 8 March, 2017

Bench: Abhilasha Kumari

                  C/SCA/1019/2017                                            ORDER




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     SPECIAL CIVIL APPLICATION NO. 1019 of 2017
         ================================================================
                 SHREE RAMKRISHNA SEVA MANDAL, PUBLIC TRUST,....Petitioner(s)
                                        Versus
         ANAND MUNICIPALITY, NOTICE TO BE SERVED THROUGH & 2....Respondent(s)
         ================================================================
         Appearance:
         MR DC DAVE, SENIOR ADVOCATE WITH MR JIGAR M PATEL, ADVOCATE for
         Petitioner(s) No. 1
         ================================================================
          CORAM: HONOURABLE SMT. JUSTICE ABHILASHA KUMARI

                                    Date : 08/03/2017
                                     ORAL ORDER

Heard Mr.D.C.Dave, learned Senior Advocate with Mr.Jigar M. Patel, learned advocate for the petitioner.

It is submitted that the petitionerTrust does not fall within the purview of the directions issued by the Division Bench of this Court vide order dated 23.03.2016, passed in Writ Petition (PIL) No.175/2012, inasmuch as there is no waterbody in the Final Plot leased out to the petitioner. Further, the petitioner has not put up any construction on the said Final Plot after the Notification dated 31.03.2003, as stated in the above order. It is submitted that the petitioner is using the land in question as a playgroundcum Page 1 of 2 HC-NIC Page 1 of 2 Created On Mon Aug 14 06:53:34 IST 2017 C/SCA/1019/2017 ORDER garden for the School put up by the petitionerTrust. It is further submitted that the Final Plot leased out to the petitioner is not mentioned in the Notification regarding waterbody. It is further submitted that without taking into consideration the above submissions of the petitioner, the Collector has straightaway, vide the impugned order, cancelled the lease of the petitioner and directed that the land be restored as a waterbody.

Issue Notice returnable on 19.04.2017. Adinterim relief in terms of paragraph6(B) is granted, till then.

In addition to the normal mode of service, Direct Service is also permitted.

(SMT. ABHILASHA KUMARI, J.) Gaurav+ Page 2 of 2 HC-NIC Page 2 of 2 Created On Mon Aug 14 06:53:34 IST 2017

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