Gujarat High Court
Thakkar Vasudev Kanaiyalal vs Municipal Commissioner Vadodara on 28 July, 2025
NEUTRAL CITATION
C/SCA/3087/2024 ORDER DATED: 28/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3087 of 2024
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THAKKAR VASUDEV KANAIYALAL
Versus
MUNICIPAL COMMISSIONER VADODARA & ORS.
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Appearance:
PARTY IN PERSON(5000) for the Petitioner(s) No. 1
MS POOJA CHOUDHARY AGP for the Respondent(s) No. 4
MR SHIVAM R PANDEY(12222) for the Respondent(s) No. 5
MR MAULIK NANAVATI for NANAVATI & CO.(7105) for the
Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 28/07/2025
ORAL ORDER
1. This petition is filed with the following prayers: [free translation of prayers]
1) In Nilkanth Society situated at Survey Nos.88/1, 91 and 92 of Moje: Undera village, there is an internal public road connecting the government road from Karodiya Road on the west side to the railway track on the east side of Nilkanth Society. As a paved RCC road has been constructed on this road from the government grant for public movement, it can be used by all the citizens of the country as per Article-14 and 15(2)(b) of the Constitution of India. In addition, this road is required to be used for the diverted traffic to use as the bridge in Bajwa is currently under construction, movement of the society Page 1 of 13 Uploaded by NAIR SMITA V.(HC00186) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 22:25:27 IST 2025 NEUTRAL CITATION C/SCA/3087/2024 ORDER DATED: 28/07/2025 undefined member and public cannot be restricted. Therefore, considering the report sent by the Police Inspector of Jawaharnagar Police Station to the Municipal Commissioner, Vadodara on 16/01/2024 vide O/w. No.158/24 and the documentary evidences, I pray the Hon'ble Court to direct the Municipal Commissioner, Vadodara to make standing order as per Section-466 exercising Section-226 and 227 of the GPMC Act and other legal provisions and take action to allow free public movement by immediately and permanently removing the iron gate installed on the said road.
2) In Nilkanth Society situated at Survey Nos.88/1, 91 and 92 of Moje: Undera village, there is an internal public road connecting the government road from Karodiya Road on the west side to the railway track on the east side of Nilkanth Society, as a paved RCC road has been constructed on this road from the government grant for public movement, I pray the Hon'ble Court to declare that it can be used by all the citizens of the country as per Article-14 and 15(2)(b) of the Constitution of the Country.
3) The residents of Nilkanth Society, one of the local societies in Undera Division-2, are also discharging the dirty water of their houses into the government rainwater drain. Thereafter, I as a member of Nilkanth Society had verbally requested Mr. Pravinbhai Ramswarup Sharma, representative of Nilkanth Society that like other persons, residents of Nilkanth Society are also discharging the dirty water of their houses in government rainwater drain and as the outlet of the new drain for this rainwater, which has been constructed by the Vadodara Page 2 of 13 Uploaded by NAIR SMITA V.(HC00186) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 22:25:27 IST 2025 NEUTRAL CITATION C/SCA/3087/2024 ORDER DATED: 28/07/2025 undefined Corporation, has been given into Karodiya Lake, like others, the dirty water from the houses of Nilkanth Society residents goes into the public government pond of Karodia through the government rainwater drainage system and pollutes water of the pond. I pray the Hon'ble Court to direct the Municipal Commissioner, Vadodara and Respondent Nos.1 and 2 that they make the residents of Nilkanth Society to immediately stop the same and arrange to dispose of their house's dirty water in percolation well constructed in their premises.
4) As the Gujarat Government has implemented the Impact Fees Act for regularizing unauthorized construction in the public interest, I pray the Hon'ble Court to direct the Chief Secretary to the Government to recover Impact Fees from the owners of the houses who have carried out illegal constructions in the said Nilkanth Society.
5) Apart from the aforesaid relief, I pray the Hon'ble Court to grant any other and further relief as the Hon'ble Court may deem fit in the interest of justice."
2. Heard Thakkar Vasudev Kanaiyalal - party-in-person and learned advocate Mr. Maulik Nanavati for respondent Nos.1, 2 and 3.
3. Three issues are raised in this petition: -
(i) That the road in Survey Nos.88/1, 91 and 92 of Nilkanth Page 3 of 13 Uploaded by NAIR SMITA V.(HC00186) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 22:25:27 IST 2025 NEUTRAL CITATION C/SCA/3087/2024 ORDER DATED: 28/07/2025 undefined Society is required to be open by directing the Society to open its Gate because the said road is made from Government Grant, and therefore it partake the character of public road and required to be used by public. Accordingly, Chairman and Secretary of Nilkanth Society may be directed to open the said road for public use.
(ii) The residents of Nilkanth Society are throwing their waste water particularly, the sewage water in the common pipeline which causes contamination as the said water merges with the water of Karodia Pond. Therefore, the residents of Nilkanth Society may be directed to throw their waste water (sewage water) in their individual drainage (Khad Kuva) prepared and not to throw them in sewage water pipeline of Municipal Corporation.
(iii) Registration of Nilkanth society has not been done.
Further, the construction over Nilkant society in form of residences of their members is un-authorised, therefore all the members may be directed to regularize their construction by payment of impact fee so that the society may get appropriate registration and become a separate entity in eye of law.
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4. Party-in-person submitted that in relation to his first grievance, which is in relation to opening up gate and make use of road passing through Nilkanth Society as a public road, Article 14 read with Article 15 (k) of Constitution of India would be applicable because the said road is pakka cement road prepared from the grant received from the Government. If the road is prepared, from the grant received from Government, it partake the character of public road and once it is a public road, the same is required to be kept open for the use of public. In this case, Nilkanth Society has developed a gate and since the gate is kept closed, people cannot use the said gate to commute to other side and this has caused difficulties to the people at large and, therefore, society may be directed to open the gate for the use of the said road for public purpose. Since the gate is kept closed, a complaint dated 16.01.2024 before Jawaharnagar Police Station No.158/2024 was filed. Moreover, as per Section 226 and 227 of Gujarat Provincial Municipal Corporation Act, 1949 ("GPMC Act" for short) read with Section 446 of GPMC Act, the Corporation is empowered to pass standing orders to open the gate and, therefore, the respondent - Corporation may be directed to direct the Chairman and Secretary of Nilkanth Society to open the gate for public purpose because for going towards Karodia road, the people have to pass longer distance Page 5 of 13 Uploaded by NAIR SMITA V.(HC00186) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 22:25:27 IST 2025 NEUTRAL CITATION C/SCA/3087/2024 ORDER DATED: 28/07/2025 undefined of 1 ½ kilometers and, therefore, appropriate directions may be issued to open the gate.
5. In relation to second grievance, with regard to contamination of water of Karodia Pond, Mr. Thakkar, party- in-person submitted that the residents of Nilkanth Society are throwing their waste water in the water line of Vadodara Municipal Corporation. Because the water line of Corporation is discharging its water in Karodia Pond, water of Karodia Pond is contaminated and therefore, residents of Nilkanth Society may be directed to throw their waste water in their own individual drainage prepared. Since there is no drainage system available of Municipal Corporation in their society, an individual drainage is developed by residents of Nilkanth Society and the same is not sufficient to carry their waste water and, therefore, they are throwing their sewage water in the water pipeline of Municipal Corporation. Therefore, they may be directed to throw their sewage water in their own drainage system.
6. In relation to the notice to regularize un-authorised construction, Mr.Thakkar submitted that many houses of Nilkanth Society are not regularised and the law permit them to have their regularization done through payment of impact Page 6 of 13 Uploaded by NAIR SMITA V.(HC00186) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 22:25:27 IST 2025 NEUTRAL CITATION C/SCA/3087/2024 ORDER DATED: 28/07/2025 undefined fees and accordingly, Corporation may be directed to issue them notice or circular providing them opportunity to regularize their construction by payment of impact fees.
6.1. In support of his submissions, party-in-person has relied upon the provisions of GPMC Act to submit that the said action can be suo-moto initiated by the Corporation and therefore, Corporation may be accordingly directed to initiate suo moto proceedings, irrespective of any individual application filed by the members or otherwise.
7. Therefore, all the three reliefs may be considered by directing Corporation to act in accordance with law and to do the needful as the grievance raised in this petition deserves to be adjudicated in the interest of justice at the earliest.
8. Petitioner, party-in-person relied upon the following decisions:
(i) Shri Hazi Ariff vs. State of U.P. & Ors. Dated 10.02.2023 in Original Application No.16/2024 (Before the National Green Tribunal Principal Bench, New Delhi)
(ii) Parisar vs. Pune Municipal Corporation dated 26.11.2012 Page 7 of 13 Uploaded by NAIR SMITA V.(HC00186) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 22:25:27 IST 2025 NEUTRAL CITATION C/SCA/3087/2024 ORDER DATED: 28/07/2025 undefined in Second Appeal No.534 of 2011 in the High Court of Judicature at Bombay
(iii) Akhil Bhartiya Upbhokta Congress vs. State of Madhya Pradesh and Ors. Dated 06.04.2011 in Civil Appeal No.2965 of 2011
9. On merits of the issues, responding to the submissions, learned advocate Mr. Maulik Nanavati invited attention of this Court to the reply affidavit dated 11.06.2025 of Vadodara Municipal Corporation. Referring to the various averments made in the affidavit-in-reply, learned advocate submitted that the petitioner as party-in-person is espousing the public cause and this petition is not a public interest litigation and therefore, this petition may be dismissed on the ground that the petition in the present form is not maintainable, as it is not case of the petitioner that the action-inaction has caused individual prejudice to him.
9.1. In relation to removal of the gate constructed by internal road of the society on the ground that it is a public road as defined under Article14 and 15(k) of the Constitution of India, learned advocate Mr.Nanavati submitted that, a grievance was raised by the petitioner to initiate action under Section 133 of Page 8 of 13 Uploaded by NAIR SMITA V.(HC00186) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 22:25:27 IST 2025 NEUTRAL CITATION C/SCA/3087/2024 ORDER DATED: 28/07/2025 undefined Cr.P.C. against Chairman and Secretory of Nilkanth Society. In response to the complaint, an order dated 20.03.2024 (Annexure R/2 page 128) was passed with the reason that the said gate was put by the residence of Nilkanth Society for their security and that is unanimous decision of the society being their internal road. Against the said order, the petitioner has preferred Criminal Revision Application No.94 of 2024 (Annexure R/3 page 132) wherein vide order dated 01.02.2025, the matter was remanded to the authority to decide afresh. Accordingly, a decision was taken on 31.07.2024 and the application of the petitioner was rejected by well-reasoned order.
10. In relation to grievance of the petitioner with regard to domestic sewage water release by residents of Nilkanth Society in storm water drainage and ultimately in Karodia Pond and thereby causing pollution in pond water, learned advocate Mr. Nanavati submitted that not a single averment is made in the petition that who are dumping their household waste water in the storm water drainage. There is no material placed on record showing discharge of sewage water in the storm water drainage. This is almost a bald assertion without any material and therefore, the allegations made are required to be ignored at the first instance. Though this is not public interest Page 9 of 13 Uploaded by NAIR SMITA V.(HC00186) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 22:25:27 IST 2025 NEUTRAL CITATION C/SCA/3087/2024 ORDER DATED: 28/07/2025 undefined litigation, a separate averment is made on the ground of prejudice caused to the people at large without any evidence on record and, therefore also the petition deserves to be rejected.
10.1. Moreover, no discharge is thrown on un-treated sewage in the Karodia Pond through the storm water drainage. Gujarat Pollution Control Board is the supervisory authority has not pointed out any pollution caused on account of un-treated storm water in the Karodia Pond. Thus, these are reckless allegations. Further not a single complaint is received of the water supply by Vadodara Municipal Corporation to the area of Nilkanth Society and nearby, in relation to potable water. Moreover, pursuant to the direction of this Court inquiry was initiated and the report was prepared and the report states that the water supply by Vadodara Municipal Corporation in Karodia Pond and nearby area is a potable water.
11. In response to grievance of seeking directions from the Municipal Corporation to initiate action for regularization of the un-authorised construction of residents of Nilkanth Society, learned advocate submitted that it is true that the petitioner is resident of Nilkanth Society and he has right to regularize his construction. If the same is un-authorised, then he can file Page 10 of 13 Uploaded by NAIR SMITA V.(HC00186) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 22:25:27 IST 2025 NEUTRAL CITATION C/SCA/3087/2024 ORDER DATED: 28/07/2025 undefined application for regularization. Once such application is filed, the same shall be decided in accordance with law. Further, for any un-authorised construction, the Corporation being statutory authority is empowered to issue notice to the person having un-authorised construction and to act in accordance with law. However, the prayer made by the petitioner is to direct to the class of people who are owners/occupiers of the building and to make an application for regularization of their un-authorised construction, is beyond the provisions of the Act. The provision of the GPMC Act does not empower the Corporation to compel any person to make any application or to collect charges for regularization absent making of an application for regularization. Therefore, the said prayer deserves to be rejected. Therefore, no interference is called for even with regard to third grievance of the petitioner for directing the Corporation for opening the gate of the private society.
12. Considered the submissions and the documents on record. It is noticed that the petitioner has preferred Criminal Case No.1 of 2024 on 24.01.2024 raising his grievance under Section 133 of Cr.P.C. All three grievances raised are part of Criminal Case No.1 of 2024. The Dy. Collector upon adjudication of an application in Cr.P.C, Section 133 case No.1 of 2024 has passed an order dated 20.03.2024. In the said application while Page 11 of 13 Uploaded by NAIR SMITA V.(HC00186) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 22:25:27 IST 2025 NEUTRAL CITATION C/SCA/3087/2024 ORDER DATED: 28/07/2025 undefined partly allowing the application of the petitioner it has recorded that with regard to opening of internal gate of Nilkanth Society, the prayer cannot be accepted, on account of the society decision to provide security to their members. Further, the allegations of the road prepared by the society from the grant received from Government is not true since as per Resolution No.53 of Undera Gram Panchayat dated 28.06.2013, an internal road was prepared. Consent was given by the society and the same was prepared from the grant agreed to Undera Gram Panchayat. Therefore, in the opinion of this Court, the decision taken is appropriate. Further, as the said decision was subject matter of challenge by filing Criminal Revision Application No.94 of 2024 and in Criminal Revision Application No.94 of 2024 by order dated 01.02.2025, the same was remanded to the authority for fresh consideration, and therefore, no interference is required.
13. In relation to other ground raised, it is noticed that as contended by the Corporation, they are sheer allegations and no evidence has been produced in support of the said allegations. In relation to the water being contaminated of Karodia Pond, it is noticed that Corporation has stated on affidavit that they are regularly checking and testing the water and till date no complaint has been received.
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14. With regard to the other prayer of regularization of unauthorised construction, it is noticed that in absence of any expressed provision under the Act, Corporation cannot be directed to issue orders to the residents of the society to get their construction regularized. The submissions canvassed on behalf of the petitioner being meritless, the same are not acceptable and therefore rejected.
15. In view of foregoing reasons, the petition being devoid of merits, the same is rejected. Notice discharged.
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