Shambhubhai Maljibhai Rabari vs Ahmedabad Municipal Corporation on 15 June, 2023

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Gujarat High Court

Shambhubhai Maljibhai Rabari vs Ahmedabad Municipal Corporation on 15 June, 2023

Author: A.J.Desai

Bench: A.J.Desai, Biren Vaishnav

    C/WPPIL/57/2023                              ORDER DATED: 15/06/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/WRIT PETITION (PIL) NO. 57 of 2023
==========================================================
                 SHAMBHUBHAI MALJIBHAI RABARI
                              Versus
               AHMEDABAD MUNICIPAL CORPORATION
==========================================================
Appearance:
MR AMIT M PANCHAL, ADVOCATE with MR ANGESH A PANCHAL(9138),
ADVOCATE for the Petitioner
for the Opponent(s) No. 1,2,3
==========================================================
  CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE
          A.J.DESAI
          and
          HONOURABLE MR. JUSTICE BIREN VAISHNAV

                          Date : 15/06/2023

                            ORAL ORDER

(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE A.J.DESAI) [1.0] By way of present petition in the nature of public interest litigation under Articles 14 , 19 , 21 and 215 of the Constitution of India, following prayers have been made.

"A. Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other writ, direction or Order,;

i. Directing the Respondent No.1 to forthwith take action under Chapter XV of the Gujarat Provincial Municipal Corporations Act, 1949 and the Rules framed thereunder against the Respondent No.2 making illegal construction of Sheds and Roofs without taking any permission from the Respondent No.1 as required under Chapter XV of the GPMC Act on the Agricultural Lands of Block No.770 and 771/P Moje Lambha, Taluka Vatva, District Ahmedabad, admeasuring 70,314 sq. mtrs. and 38,403 sq. mts. Respectively, and which lands are situated in the General Agricultural Zone A1, and which lands are Page 1 of 4 Downloaded on : Thu Jun 15 20:44:58 IST 2023 C/WPPIL/57/2023 ORDER DATED: 15/06/2023 situated within the jurisdictional limits of Respondent No.1;

ii. Directing the Respondent No.3 to forthwith take action against the Respondent No.2 in accordance with law for having dealt with Agricultural Lands of Block No.770 and 771/P Moje Lambha Taluka Vatva District Ahmedabad admeasuring 70,314 sq. mtrs. and 38,403 sq. mtrs. respectively, and for making plots on the land for purposes not permissible in law which lands are situated in the General Agricultural Zone A1 and which are mortgaged with the Respondent No.3 for the illegal action taken by the Respondent No.2 without seeking any permission from the Respondent No.3;

B. Pending the admission, hearing and final disposal of this Petition, this Honourable Court may be pleased to:

i. Direct the Respondent No.1 to forthwith inspect the Agricultural Lands of Block No.770 and 771/P Moje Lambha, Taluka Vatva, District Ahmedabad, admeasuring 70,314 sq. mtrs. and 38,403 sq. mtrs. respectively, and if it is found that construction / execution of construction of sheds / roofs if being undertaken without permission from the Respondent No.1, to direct the Respondent No.1 to immediately direct the Respondent No.2 to stop the said illegal construction and to take further action under Section 267 of the Gujarat Provincial Municipal Corporations Act, 1949 and the Rules framed thereunder and report the action taken to this Honourable Court by way of an Affidavit;

ii. Direct the Respondent No.1 to submit a Report with regard to the illegal Construction made by the Respondent No.2 on Agricultural Lands of Block No.770 and 771/P Moje Lambha Taluka Vatva District Ahmedabad admeasuring 70,314 sq. mtrs. and 38,403 sq. mtrs. respectively;

iii Direct the Respondent Nos.1 & 3 to decide the representation dated 06.06.2023 made by the Petitioner at Annexure - VI within a period of 2 weeks from the date of passing of the Order by this Honourable Court;

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C/WPPIL/57/2023 ORDER DATED: 15/06/2023 iv. Direct the Respondent No.1 to comply with the directions issued by this Honourable Court in the cases of

-;

i) Consumer Protection Council Vs. Ahmedabad Municipal Corporation reported in 2000 (3) GLR 2607;

ii) Ahmedabad Municipal Corporation Vs. Vijay Owners Association reported in 2000 (3) GLR 2505;

and the Honourable Supreme Court of India in the cases of

iii) M.I. Builders Pvt. Ltd. Vs. Radhey Shyam Sahu & Ors. reported in (1999) 6 SCC 464;

iv) Dadar Avanti Cooperative Housing Society Ltd. Vs. Municipal Corporation of Greater Bombay & Ors., reported in (1996)2 SCC 695;

v) Manju Bhatia (Mrs.) & Anr. Vs. New Delhi Municipal Council & Anr., reported in (1997) 6 SCC 370;

vi) Delhi Development Authority vs. Skipper Construction Co. (P) Ltd. & Anr. reported in (1996) 4 SCC 622;

vii) Dr. G.N. Khajuria & Ors. vs. Delhi Development Authority & Ors., reported in (1995) 5 SCC 762;

viii) Pratibha Cooperative Housing Society Ltd. & Anr. Vs. State of Maharashtra & Ors., reported in (1991) 3 SCC 341;

ix) Municipal Corporation of the City of Ahmedabad vs. Ben Hiraben Manilal, reported in (1983) 2 SCC 422;

x) Dipak Kumar Mukherjee v. Kolkata Municipal Corporation reported in (2013) 5 SCC 336;

xi) Esha Ekta Apartments Coop Housing Society Ltd. v. Municipal Corporation of Mumbai reported in (2013) 5 SCC 395;

xii) K Ramadas Shenoy v. Chief Officers, Town Municipal Page 3 of 4 Downloaded on : Thu Jun 15 20:44:58 IST 2023 C/WPPIL/57/2023 ORDER DATED: 15/06/2023 Council, Udipi reported in (1974) 2 SCC 506;

C. An ex-parte ad-interim relief in terms of prayer B(i), B(ii), B(iii) and B(iv) above, may kindly be granted;"

[2.0] Having heard learned Advocate Mr. Amit M. Panchal with Mr. Angesh A. Panchal appearing for the petitioner, we dispose of this petition by passing the following order:

The respondents, particularly the Commissioner, Ahmedabad Municipal Corporation shall look into the issues involved in the present petition and shall also consider the representation dated 06.06.2023 and shall take appropriate action in accordance with law at the earliest, in line of several decisions of the Hon'ble Supreme Court and this Court. If necessary, any responsible officer from the Ahmedabad Municipal Corporation may also inspect the site in question.

[2.1] It is hereby made clear that this Court has not gone into the merits of the case and it is needless to say that the petitioner may file appropriate proceeding hereafter.

[3.0] Present petition is disposed of with the above observations and directions. Direct service is permitted.

(A.J. DESAI, ACJ) (BIREN VAISHNAV, J.) Ajay Page 4 of 4 Downloaded on : Thu Jun 15 20:44:58 IST 2023

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