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SCA/29828/2007 2/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 29828 of 2007
To
SPECIAL
CIVIL APPLICATION No. 29840 of 2007
With
SPECIAL
CIVIL APPLICATION No. 31104 of 2007
To
SPECIAL
CIVIL APPLICATION No. 31112 of 2007
For
Approval and Signature:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
=========================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment?
2
To
be referred to the Reporter or not?
3
Whether
their Lordships wish to see the fair copy of the judgment?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder?
5
Whether
it is to be circulated to the civil judge?
=========================================
BASANTKUMAR
ANTARYAMI JENA AND OTHERS
Versus
SURAT
MUNICIPAL CORPORATION AND OTHERS
=========================================
Appearance
:
MR
KK TRIVEDI for the Petitioners
MR
PRASHANT G DESAI for Respondent No.1
MRS
KP CALLA, ASSISTANT GOVERNMENT PLEADER for Respondent No.2
None
for Respondent Nos.3 to 7
MRS
KETTY A MEHTA for Respondent No.8
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 29/07/2008
ORAL
JUDGMENT
1. RULE.
Learned advocate Mr.Prashant G.Desai waives service of Rule on
behalf of respondent No.1. Mrs.Krina P.Calla, learned Assistant
Government Pleader, waives service of Rule on behalf of respondent
No.2. Learned advocate Mrs.Ketty A.Mehta waives service of Rule on
behalf of respondent No.8. Looking to the controversy involved in
the matter, the learned advocate for the petitioner submitted that
the rest of the respondents are not the contesting respondents.
2. Heard
the learned advocates for respective parties.
3. The
present petition is filed challenging a communication dated
19.07.2007 addressed to the President/Secretary of Jagannath Nagar
Cooperative Housing Society (proposed) by the Executive Engineer,
Drainage Department, Surat Municipal Corporation.
The
contents of the letter are that, ‘as there is a Court matter pending
related to revenue survey No.121 of village Bamroli, on which the
aforesaid Jagannath Nagar Cooperative Housing Society is situated,
wherein the Surat Municipal Corporation is also joined as party,
there is an opinion of a panel advocate that without obtaining
consent of the land owner, no primary facilities/civic amenities can
be granted by the Surat Municipal Corporation’.
The letter finally states that, ‘the work of laying down the
drainage line in Jagannath Nagar Cooperative Housing Society cannot
be undertaken’.
4. Mr.Trivedi, learned
advocate for the petitioners submitted that the petitioners are
residing at the aforesaid place for last about more than 15 years.
Mrs.Ketty Mehta, learned advocate for respondent No.8 controverts the
statement.
Be that as it may,
the fact remains that there are number of persons who are residing at
the aforesaid place, may be for last couple of years and not more
than 15 years. The letter under challenge dated 19.07.2007 is
untenable in law and the same is quashed and set aside.
5. Mrs.Kettty Mehta,
learned advocate for respondent No.8 vehemently contended that the
Corporation cannot undertake the work of laying down sewage line or
providing civic amenities without the consent of the owner.
It will be
appropriate to note that when inquired from the learned advocate as
to whether respondent No.8 has taken any steps to establish his
ownership against the present petitioners, the answer is in
negative.
5. At the request of
Mrs.Ketty Mehta, learned advocate for respondent No.8, it is
clarified that grant of any civic amenities will not tilt the balance
in the matter of claim of the ownership by respondent No.8. At her
request, it is further clarified that the work of laying down
drainage line/providing civic amenities to the petitioners will be at
their own costs and the owner of the land will not be held
responsible for the cost of such amenities being provided.
6. On the last
occasion, Mr.Desai, learned advocate for respondent No.1 Corporation
had apprised the Court that the work of laying down sewage line is to
take about 3 months. The learned advocate submitted that the said
work is not in progress on account of monsoon season.
7. Today, on
instructions, learned advocate Mr.Desai states before this Court that
as soon as the monsoon season is over, i.e. latest by 30.09.2008, the
Corporation will undertake the work of laying down the sewage line
and will complete the same as expeditiously as possible and
preferably by 31.12.2008.
It is once again
reiterated that this order will not affect the ownership rights of
either party in any manner.
8. The petitions are
disposed of with the aforesaid directions. Rule is made absolute.
No costs.
(RAVI
R.TRIPATHI, J.)
*Shitole
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