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Showing contexts for: common plot in Anvarbhai Abdulbhai Vora vs State Of Gujarat on 26 April, 2018Matching Fragments
1. The present petition under Article 226 of the Constitution of India is filed for the purpose of seeking following reliefs:
"A) Your Lordships may be pleased to allow the present Special Civil Application.
B) Your Lordships may be pleased to pass an order of issuance of appropriate writ, order, direction upon the concerned respondent authorities to decide the representations and to issue direction upon the respondent authorities to demolish the illegal construction and remove the encroachment carried out by the respondent no.4 to 6 on the land of Narayannagar Society known as common plot land of the society which is situated at Revenue Survey No.4/2 block no.13 of Village Chhapra Bhatha, Amroli, Surat in the peculiar facts and circumstances of the case.
C) Any other appropriate relief may be granted as deem fit by this Hon'ble Court in the interest of justice."Page 1 of 12 C/SCA/6710/2018 ORDER
2. The case of the petitioners are that the petitioners are residing at Narayannagar Society situated at Block No.13 of Revenue Survey No.4/2 at Chhapra Bhatha, Amroli, Surat. There are as many as 52 members residing and all 52 members are residing in tenements / rowhouse and each of the house is admeasuring 55.74 sq mtr containing the construction of 42.45 sq mtr area on the ground floor. It is the case of the petitioners that after getting the land converted into Nonagricultural land vide order dated 10.11.1989 and after getting the construction permission on 19.07.1991, the construction had been put up and petitioners are residing in House Nos.32 and 33 of said Narayannagar Society. It is the further case of the petitioners that society is having open space area which is earmarked as common plot in the map of the society and the said common plot is to be used for the benefit of all members of the society for various purpose. It has been alleged that the House Nos.31 to 35 are situated exactly in front of the common plot area and some of the area of the common plot is situated adjacent to House No.31 and the owners of House Nos.32 and 33 have carried out the construction by encroaching the area of the common plot and such illegal construction has been carried out which was brought to the notice of the respondent authority. So much so that Respondent Nos.4 to 6 are keeping cows and buffaloes in the said area for maintaining their livelihood. By keeping such cattle and utilising the common plot area in such unauthorised manner, some 4050 cows and buffaloes are being kept and illegal sell of milk activities are going on. Since no action has been initiated by the respondent authority and representations having not been decided so far, petitioners are left with no option but are constrained to approach this Court by way of present petition under Article 226 of the Constitution of India.
3. Mr.Khambholja, learned advocate appearing for the petitioners has contended that in view of the fact that Respondent Nos.4 to 6 are utilising the land in question unauthorisedly of common plot area and indulged into illegal activities over the space which is commonly meant for society members and such activities have not been prevented by the respondent authorities and as such pollution is being created in the entire society and as such inaction is quite visible in view of the fact that so far said activity is continued. By alleging this, Mr.Khambholja, learned advocate for the petitioners has stated and requested that a very innocuous relief is sought in the petition which would not, if granted, harm anyone, as a result of this, requests this Court to grant relief as prayed for in the petition. No other submissions have been made.
5. Normally, simple direction being issued upon authority to take decision appears to be usual but the said direction is not to be so lightly used so as to allow the exercise of extra ordinary jurisdiction to be used by any litigant in such manner and here the case of common plot issue is very much ceased by the lower Court may be at instance of other members and it is the subject matter of criminal case as well. Since such dispute is also incidental to use of common plot area, the Court would not like to exercise extra ordinary jurisdiction. Of course, an attempt is made to oversimplify the issue in the context of relief prayed for, but the very fact that Respondent No.4 to 6 are also made parties and as such authorities have also been joined as if entire civil dispute is sought to be agitated in extra ordinary jurisdiction and as such this Court would not like to issue any such casual direction to the authority on just asking. If any effective order is to be obtained by the petitioners, the same should be in a very appropriate form and this writ jurisdiction is not possible to be allowed to be utilised for ventilating purely private dispute amongst the members of the society. The jurisdictional limits are well propounded by series of decisions and one of such elaborate decision which is reported later on as well, the Court would like to consider to be applied here. Hence, the relevant abstracts of the said decision in case of Sameer Suresh Gupta through PA Holder V/s. Rahul Kumar Agarwal, reported in (2013) 9 SCC 374 are reproduced herein after.