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SCA/8424/2010 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8424 of 2010
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================
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 ?
=========================================
PATEL
KANTIBHAI NATHALAL - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 4 - Respondent(s)
=========================================
Appearance
:
MR HARNISH
V DARJI for
Petitioner(s) : 1,
MR M.R. MENGDEY, ASSTT. GOVERNMENT PLEADER for
Respondent(s) : 1,
MR HS MUNSHAW for Respondent(s) : 2 - 4.
MR
HARESH N JOSHI for Respondent(s) :
5,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 27/08/2010
ORAL
JUDGMENT
1. By
way of this petition under Article 226 of the Constitution of India,
petitioner has prayed for appropriate writ, direction or order
directing the respondent authorities to implement the order dated
04.09.2008 passed in DP/APPEAL/3/07/2008 and to remove the
encroachment done by respondent No.5 made on the public way and also
on government land.
2. Shri
H.S. Munshaw, learned advocate appearing on behalf of respondent
Nos.2, 3 and 4 has stated at the Bar that as per the measurement
prepared by the DILR, it is established and proved that there is an
encroachment made by respondent No.5 on the road. He has also stated
at the Bar under the instructions from the Taluka Development
Officer, who is personally present in the Court, that in view of the
above, order dated 04.09.2008 shall be implemented and illegal
construction which is found to be on the road shall be removed at the
earliest but not later than three weeks from today. Shri Prachhak,
learned advocate appearing for Shri Joshi, learned advocate appearing
on behalf of respondent No.5 has stated that as such there is already
one Civil Suit filed by respondent No.5 with respect to the very land
in question. However, it is reported that as such there is no
interim injunction granted by the learned trial Court, on the
contrary, it is reported that application Exh.5 is not pressed by
respondent No.5 (as per the statement made by Shri Darji, learned
advocate appearing on behalf of the petitioner).
3. In
view of the above, when there is already an order passed by the
District Panchayat against respondent No.5 and even as per respondent
Nos.2 to 4, there is a construction put up by respondent No.5 is on
public road, respondent Nos.2 to 4 are hereby directed to act as per
the statement made by Shri Munshaw, learned advocate appearing on
behalf of respondent Nos.2 to 4 recorded herein above, within a
period of three weeks from today.
4. With
this, present Special Civil Application is disposed of accordingly.
(M.R.
Shah, J.)
*menon
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