Document Fragment View

Matching Fragments

4. Having heard learned Advocates for the parties and having perused documents on record, it appears that the issue pertains to setting up of water distribution station in common open plot of Gujarat Housing Board, Chandkheda. From the pleadings it appears that originally the area was with Chandkheda Nagarpalika, which was merged within city limits by government notification dated 01.04.2008. In view of merged areas, there was deficit and shortfall of water and therefore need arose to supply water for the areas of Chandkheda. That even on considering census of 2011 against daily requirement of approx. 85 Lac Liters for human C/SCA/2661/2016 ORDER DATED: 01/02/2022 consumption, the supply was around 20 Lac Liters. Under the circumstance, there was requirement to make provisions by setting up and supply of 25 Lac Gallons (around 113.5 Lac Liters) for consumption in entire areas. The subject land had been acquired by the Gujarat Housing Board under Land Acquisition Act and they are owners of the land. That in view of requirement to meet with deficit supply Housing Board was requested for allotment of land on 11.02.2013 which came to be acceded for common open plot (COP) on 24.04.2013. The Water Supply Sewerag Committee and Municipal Board by resolution dated 06.01.2014 and 30.01.2014 approved estimates and accorded sanction making tender process for setting underground water tank and water distribution facilities and others on operational and maintenance having capacity of 25 Lac Gallons.

5. The respondent-Corporation has stated on oath with regard to availability of open space on the common plot wherein, in para-9 it is stated as under:-

"9. It is submitted that in the aforesaid land there was existing small overhead water tank and bore cabin. That in view of the aforesaid and objections receive from some local residents, upon deliberations it had been resolved to make construction of underground water tank towards the areas of existing water facilities, leaving major land/space of COP vacant.
C/SCA/2661/2016 ORDER DATED: 01/02/2022
6. The Court has taken into consideration development permission which is produced at Annexure-R5, where in the center of the layout is a common open plot wherein portion of the common open plot where earlier system for water supply was functioning like overhead tank and bore cabin and EX UG sump near that water distribution station, which is underground, system has been set up. The water distribution station is covered by a compound wall and even beyond the compound wall, it is found that there open space is still available to cater to the needs of the residents of the Gujarat Housing Board.
7. This Court is of the view that as the purpose for which part of the common open plot is being utilized to cater to the water needs of the locality and that the same is being put up as underground tank that too near to already existing system and having found that still sufficient open land is available for the residents of the Housing Board in the very common plot, the Court is not inclined to interfere. The petition therefore deserves to be and is hereby dismissed. Notice is discharged.