DR. KAMLESHBHAI DALJIBHAI CHAUDHRY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petition, filed by the petitioner Dr.Kamleshbhai Daljibhai Chaudhry under Article 226 of the Constitution of India, is directed against the Notices dated 26.8.2020 and 1.9.2020 (Annexures?D and E respectively) jointly issued by the respondent Authorities, calling upon the petitioner to remove the encroachments and demolish the illegal constructions made on the land bearing Survey No.87 paiki, situated at the Village Shankheshwar (hereinafter referred to as the "land in question").

(2.) As per the case of the petitioner, he is a doctor by profession and running a dispensary at the Village Shankheshwar. The petitioner has also got registered a trust namely "Margi Foundation". The petitioner has put up construction of his dispensary in 1200 sq. mtrs., and also carried out other constructions for the benefits of the society on the said land in question. It is further case of the petitioner that on the complaint made by one Kantibhai K. Joshi, the Mamlatdar, Shankheshwar had issued a Notice on 3.7.2020 to the petitioner and one Mr.Thakore Amram Shankherji, calling upon them to vacate the land in question stating inter alia that on the measurement carried out by the office of the District Inspector of Land Records, Patan, it was found that they (the petitioner and Mr.Thakore Amram Shankherji) had made encroachments on the Government land and had carried out illegal constructions thereon. By the said Notice, they were called upon the remove the encroachments within 15 days of the Notice. Thereafter, the petitioner and other four persons were again served with the Notice dated 8.7.2020 by the Mamlatdar, calling upon them to remove the encroachments made by them on the land in question. Again the respondent Taluka Development Officer, the Talati?cum?Mantri and the Sarpanch, jointly issued another Notice on 26.8.2020 to the petitioner and others calling upon them to remove the encroachments on the Government land in question, on or before 31.8.2020. The petitioner was again intimated vide Notice dated 1.9.2020 jointly issued by the said respondents, calling upon him to remove the encroachments and demolish the constructions illegally made on the said land on or before 2.9.2010. It was also mentioned therein that if the petitioner failed to do so, the same shall be removed by the respondent authorities at the cost and risk of the petitioner. The petitioner, therefore, has challenged the said Notices by way of the present petition.

(3.) It may noted that on 3.9.2020, the learned Advocate Mr.Mangukiya for the petitioner having expressed the urgency, the matter was heard by the Court at the fag end of the Court hours and the Court, while issuing Notices to the respondents, had directed the respondents to maintain status?quo till the returnable date i.e. 4.9.2020. On 4.9.2020, learned Advocate Munshaw appeared for the respondents No.3 and 4 and sought time to file a reply. Accordingly, time was granted. The Order of status quo has continued till this date.