Indian Kanoon - Search engine for Indian Law

4. Office to notify this matter on 18th January, 2006 for issuing final directions at 11.00 a.m. S

17. On 1.02.2006, the learned Single Judge passed the following order:

1. In response to the earlier order passed by this Court Shri H.S.Munshaw, learned advocate appearing on behalf of the Ahmedabad Municipal Corporation has tendered one affidavit-in-reply sworn by one Shri Pritam Naran Raut, In-charge Estate Officer, Ahmedabad Municipal corporation, Ahmedabad pointing out that the encroachments of various plots allotted to Rabari Vasahats situated at Amraiwadi, Odhav and Jasodanagar (Old and New) and has submitted that in all 1098 plots/houses with Vadas were allotted to the members of the said community by Ahmedabad Municipal Corporation in the year 1960 and during the recent survey and inspection of these Vasahats, it is noticed that over and above 1098 plots/house with vadas, there are in all 10,663 illegal construction for residential as well as commercial purposes on the plots/houses with Vadas allotted to the members of the Rabari community as well as on the roads, common/reserved/open space kept by Ahmedabad Municipal Corporation for common amenities and because of that the purpose for which the lands/plots were allotted, has not been achieved. It is also submitted in the said affidavit-in-reply that to over-come this issue of huge encroachments on the roads and open space kept for the public purposes and the encroachments on the original plots and house with Vadas, the authority will take immediate actions for removal of the same in a phased manner and at the first instance, all the commercial encroachments raised on the roads will be removed. It is also further submitted in the said affidavit-in-reply that all the common/reserved/open space meant for public purposes will be cleared by way of removing the encroachments of various kinds. Though it was made clear last time to state on affidavit when and how the Corporation is to take action, no specific particulars are given. Shri H.S.Munshaw, learned advocate for the AMC at this stage after getting necessary instructions from the In-charge Estate Officer Shri Raut who has discussed the issue with the Commissioner of A.M.C. has submitted that the aforesaid entire exercise and proceedings will be completed within a period of six months from today. In view of the affidavit-in-reply and the statement made at bar by Shri H.S.Munshaw under the instructions of the Officer concerned who is present in the court, the Ahmedabad Municipal Corporation is directed to act accordingly and also further directed to submit periodical progress by submitting a report periodically.