Gujarat High Court
Bharatbhai Naranjibhai Desai vs The State Of Gujarat on 8 July, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/7971/2025 ORDER DATED: 08/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7971 of 2025
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BHARATBHAI NARANJIBHAI DESAI & ORS.
Versus
THE STATE OF GUJARAT & ORS.
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Appearance:
MR.RASHESH SANJANWALA, SENIOR COUNSEL WITH MR. MN
MARFATIA(6930) for the Petitioner(s) No. 1,2,3,4,5,6
MS.ARCHANA U. AMIN for Respondent No.2
MR.SANJAY UDHWANI, ASST.GOVERNMENT PLEADER for the
Respondent(s) No. 1,3
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 08/07/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. Heard Mr.Rashesh Sanjanwala, the learned Senior Counsel assisted by Mr.M. N. Marfatia for the petitioners and Ms.Archana U. Amin, the learned advocate for the respondent No.2.
2. The present petition has been filed by the owners of certain land parcels, which are situated opposite to Railway Line Pole No. 222/7 to 222/13 Balakhadi Stream [National Run Off] of Pardi Taluka.
3. The contention is that while carrying out the development of dedicated railway line, the contractor engaged by respondent No.2 namely Dedicated Freight Page 1 of 5 Uploaded by MR. SAHIL SAMIULLA RANGER(HC01898) on Wed Jul 09 2025 Downloaded on : Wed Jul 09 22:05:43 IST 2025 NEUTRAL CITATION C/SCA/7971/2025 ORDER DATED: 08/07/2025 undefined Corridor Corporation of India (DFCCI) has not completed the work in a time bound manner and according to the drawings, etc. The result is that a substantial portion of the lands belonging to the petitioners have been affected by flooding during the rainy season and the fruit bearing trees over the land in question have been destroyed over the period of years. The construction work had commenced in the year 2017-2018.
4. Referring to the inspection report of the Joint Committee dated 24.04.2024 submitted by the Collector - District Magistrate, Valsad to the Registrar, National Green Tribunal (Western Zone) (NGT), where the petitioner had filed an Original Application No.784 of 2022, pursuant to an NGT order, the contention of the learned Senior Counsel is that the joint site inspection was carried out on 16.12.2023 by the Committee members, which consisted of Deputy Executive Engineer, Damanganga Canal Sub-division No.11 - Pardi, Deputy Executive Engineer, Damanganga Canal District Division No.03, Balitha - Vapi and Deputy Project Manager / Engg / Valsad / DFCCIL.
5. The findings of the inspection report, as was intimated in the communication dated 24.04.2024 of the District Magistrate, Valsad at page No. '121' of the paperbook, have been placed before us to submit that the recommendation of the committee to carry out the work of retaining work, drain and nalla at the location has not been adhered to. The contention is that on account of non-completion of the work by the contractor engaged by the DFCCIL namely respondent Page 2 of 5 Uploaded by MR. SAHIL SAMIULLA RANGER(HC01898) on Wed Jul 09 2025 Downloaded on : Wed Jul 09 22:05:43 IST 2025 NEUTRAL CITATION C/SCA/7971/2025 ORDER DATED: 08/07/2025 undefined No.2, the petitioners are suffering for a long time. The findings of the Committee report at page No. '121' of the paperbook are relevant to be noted herein as under:-
"1. The work of making service road & Tracks parallel to DFCCIL track from new pardi Station Building to Lc 90 is being carried out by DFCCIL (PSU under Ministry of Railways). The contractor engaged for this work is M/s Express Freight Consortium. This work is being supervised by PMC-2R (ZMT-2) engaged by DFCCIL.
2. DFCC has constructed Road & formation in its own land after extending all the existing Railway bridges to dispose the rain water.
3. As the adjoining complainant's land is in low laying area, water gets accumulated in his land in the case of heavy rain fall.
4. In the Site visit, the approved drawing 12/AL/DG/1329/-CD REV- 1 submitted by DFCCIL was studied by the committee member. After analysing the approved drawing, it was found that many works as mentioned in approved drawing is yet to be carried out by Contractor of DFCCIL. The work of Retaining wall, drain and nalla at this location is incomplete. The contractor of DFCCIL should carry out work as per approved drawing and complete the work at the earliest so, that no water logging, rain cut and land slide problem will occur in upcoming monsoon season as it had occurred in previous two-three monsoon seasons.
5. In site visit it was found that DFCCIL's Contractor is discharging water to the private land (Photos attached) as there is no proper drainage arrangement available along the DFCCIL alignment towards Country side. Further the embankment made by DFCCIL's Contractor for making road got damaged available along the DFCCIL alignment towards Country side. Further the embankment made by DFCCIL's Contractor for making road got damaged during rainy season due to heavy water flow from DFCCIL tracks resulting in rain cuts and landslides and disturbing the adjacent private land. In view of above committee proposed making of retaining wall of appropriate size all along parallel to the road made by DFCCIL's Contractor starting from New pardi Station building (DFC chainage 221/3) to DFC chainage 222/27 (IR chainage 187/520) of length approx 1500 m to retain DFCCIL earth work and also proposed to make adjacent drain of appropriate capacity to discharge water to adjacent minor bridges. By making this drainage arrangement, the water logging problem at this location will be minimized. A sketch made by committee is also attached here with for ready reference in Appendix A. Page 3 of 5 Uploaded by MR. SAHIL SAMIULLA RANGER(HC01898) on Wed Jul 09 2025 Downloaded on : Wed Jul 09 22:05:43 IST 2025 NEUTRAL CITATION C/SCA/7971/2025 ORDER DATED: 08/07/2025 undefined
6. The pathway of balakhadi drain shifted due to construction of DFCCIL embankment towards MNB 56. The Balakhadi drain coming from East side needs to be properly trained. The kutchha drain length going parallel to DFCCIL land is to be made of concrete with appropriate size by contractor of DFCCIL so that water can discharge in to nearest minor bridge no. 56. The kutchha drain length beyond DFCCIL land may also be made properly so, that water can be discharged to nearest minor bridge without any hindrance.
In view of above, DFCCIL may be requested to carry out balance work as proposed above within 2-3 months' time period so, that further water logging, water accumulation, rain cut & land slide problem will not occur in upcoming monsoon season. In addition to this concerned agency may be advised to properly make the Balakhadi drain beyond DFCCIL land before upcoming monsoon season."
6. Taking note of the above, we find that as per the recommendation made by the Committee, the District Magistrate has given a report that balance work, as proposed, may be carried out by DFCCIL within the period of two - three months so that further water logging, water accumulation, rain cut and landside problem in the upcoming monsoon season may be arrested.
7. Taking note of the submissions made by the learned counsel for the petitioner, we are of the considered view that a factual inquiry is required to be made which is not permissible within a limited scope of Article 227 of the Constitution of India. Moreover, the prayer for ultimate relief sought by the petitioner is not about the damages rather completion of the work as per recommendation of the Joint Committee in the inspection carried out on 16.10.2022.
Page 4 of 5 Uploaded by MR. SAHIL SAMIULLA RANGER(HC01898) on Wed Jul 09 2025 Downloaded on : Wed Jul 09 22:05:43 IST 2025NEUTRAL CITATION C/SCA/7971/2025 ORDER DATED: 08/07/2025 undefined
8. The appropriate course of action for the petitioner, thus, would be to approach the Chief General Manager, Dedicated Freight Corridor Corporation of India (DFCCI) by writing a proper representation bringing to its notice the current grievances of the petitioner. If such a representation is made within a period of three weeks along with the copy of this order, the concerned officer shall be under obligation to look into the issue in a positive manner and address all grievances raised by the petitioner so that there remain no further dispute and the petitioner's land may be saved from further water logging, land cut etc. in the current monsoon season. An expeditious decision shall be taken at the ends of the Chief General Manager, DFCCI by passing a reasoned and speaking order strictly in accordance with law within a period of four weeks from the date of receipt of the representation.
9. It goes without saying that we have not expressed any opinion in the merits of the case of the petitioners. The writ petition is accordingly, disposed of.
(SUNITA AGARWAL, CJ ) (D.N.RAY,J) SAHIL S. RANGER Page 5 of 5 Uploaded by MR. SAHIL SAMIULLA RANGER(HC01898) on Wed Jul 09 2025 Downloaded on : Wed Jul 09 22:05:43 IST 2025