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SCA/774020/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7740 of 2008
============================================
BHAGWANBHAI
RANCHHODBHAI PRAJAPATI & 1 - Petitioner(s)
Versus
STATE
OF GUJARAT & 5 - Respondent(s)
============================================
Appearance
:
MR AMIT V
THAKKAR for Petitioner(s) : 1 - 2.
NOTICE
SERVED for Respondent(s) : 1 - 4, 6,
NOTICE NOT RECD BACK for
Respondent(s) : 5,
============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 13/10/2008
ORAL
ORDER
1. This
petition under Article 226 of the Constitution of India is filed by
the petitioners with following prayers:
15(a)
your Lordships may be pleased to issue a writ of mandamus and/or any
any other appropriate writ, direction or order in the nature of
mandamus directing the respondent authorities to take appropriate
steps for carrying out the construction of the protection wall as is
sanctioned by the State Government vide letter No. MMS/2005/3447/30/4
dated 01.01.2006 within a time bound period as may be deemed fit by
this Hon’ble Court and further appropriate steps to stop the erosion
of the petitioners lands bearing Survey No.102 and 108, Block No.138
admeasuring about H-5-22-00 sq.mtrs or village Kodada, Taluka Mahuva,
District: Surat.
(b)
Your Lordships this Hon’ble Court may be pleased to direct the
respondent authorities to compensate the loss and damage of Rs. 6
lacs or such sum as may be quantified by this Hon’ble Court to the
petitioners, being the loss/damage due to inaction on the part of the
respondent authorities.
2. The
notice was issued by this Court on 16.5.2008 and thereafter on
17.9.2008 following order was passed:
Heard
learned counsel for the parties.
Learned
counsel for the petitioners submits that on 1.1.2006 State Government
had sanctioned construction of protection wall so that erosion of
agricultural soil of the petitioners’ lands bearing survey nos.102,
208 and block No.138 at Village Kodada, Taluka Mahuva, Dist. Surat
can be prevented.
Learned
counsel for the petitioner further submits that the petitioners had
approached various authorities in this regard but their efforts have
gone in vain. Even after passage of 2&½ years, no
specific actions were taken by the respondents and for the inaction
of the authorities, the petitioners are suffering due to soil
erosion.
If
no concrete action is taken on or before 13.10.2008 by the concerned
respondent, appropriate orders will be passed on that day.
S.O.
to 13.10.2008.
3. The submissions with regard to directing the authority to compensate the loss and damage of Rs. 6 lacs or such sum, as may be quantified by this Court to the petitioners, cannot be entertained in exercise of powers under Article 226 of the Constitution of India.
3.1. However, it will be open for the petitioners to avail the remedy in accordance with law. So far as directions to the competent authority to construct a wall for protection of land of the petitioners from being damaged or destroyed or from erosion, Executive Engineer has passed an order dated 8th October, 2008, by which, Dy. Executive Engineer, Village: Vyara, is directed to undertake the construction and to complete within three months.
4. In view of the above, at this stage, no other order can be passed. The order dated 8th October, 2008 passed by Executive Engineer, Village: Vyara is ordered to be taken on record.
5. The petition is disposed of subject to the right of the petitioners to claim damages/compensation etc., by availing appropriate remedy in accordance with law. Notice is discharged.
[ANANT S. DAVE, J.]
//smita//
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