NAVIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed seeking direction against the inaction of the respondent Corporation in removing the illegal and unauthorised construction of the encroachers over the land of the petitioner.

(2.) It is the case of the petitioner that the petitioner as per the Redistribution Form issued by the Town Planning Officer, Survey No.54/3 is alloted OP No.28 admeasuring 32679 sq. meters which was divided into various Final Plot Nos.6, 42, 38, 39 and 40 admeasuring 22897 sq. meters. The said plot was alloted to the petitioner and other family members. It is submitted that out of the aforesaid Final Plot numbers allotted to the petitioner and other family members, there is encroachment on Final Plot No.38 which the respondent Corporation is required to vacate. It is submitted that the Corporation had issued a Notice under Section 268 of the Bombay Municipal Corporation Act for removing the illegal construction which was the subject matter of challenge before this Court by way of Special Civil Application No.11258/2018.

(3.) Learned Advocate for the respondent Corporation has produced on record the order Exhibit 23 in Regular Civil Suit No.557/2019 stating that the person occupying the Final Plot No.38 had approached the Civil Court and there also, the said Suit has been disposed of by an order dated 29.02.2020 passed by the learned 6th Additional Senior Civil Judge, Surat.