PATEL KANTIBHAI NATHALAL Vs. STATE OF GUJARAT

JUDGEMENT

(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.