HASMUKHBHAI KHENGARBHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Ms.Jirga Jhaveri, learned Assistant Government Pleader wavies service of notice of RULE on behalf of respondent Nos.1 & 3. Mr.Mehul Rathod, learned advocate waives service of notice of RULE on behalf of respondent No.2 and Ms.Neeta Pandit, learned advocate waives service of notice of RULE on behalf of respondent No.4.

(2.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, order and/or direction, directing respondent Nos.1 to 3 to take appropriate action against respondent No.4 for making illegal construction on the land in question and consequently to direct respondent Nos.1 to 3 to demolish illegal construction made by respondent No.4 on the land in question. It is also further prayed for an appropriate writ, order and/or direction restraining respondent Nos. 1 to 3 from granting Building Use Permission, from sanctioning the plans post facto and/or regularizing the construction already made by respondent No.4 on the land in question.

(3.) IN the Additional Affidavit-in-reply filed on behalf of respondent No.2 dtd.15/4/2011, Chief Officer of the Nagarpalika has tried to explain why the notice dtd.01/04/2011 has not been complied with. It is submitted that in fact on 08/04/2011 the Chief Officer and other Officers of the Nagarpalika remained present at the site and for maintenance of law and order situation and for protection of encroachment removal staff, police authority and the Executive Magistrate and Mamlatdar, Dahod were requested to remain present on 08/04/2011 at site. However, they did not remain present due to visit of Her Excellency, the Governor of Gujarat at Dahod on 08/04/2011 and, therefore, necessary Police Bandobast was not given. It is further submitted that on 09/04/2011 and 10/04/2011 there were holidays and till 15/04/2011, all officers were busy in State Programme of celebrating Janshakti Samaroh and for the function of Swarnim Jayanti Samapan Programme.