PATEL ARVINDBHAI RAMABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the following reliefs are prayed in the petition :-

(2.) The case of the petitioner is that the petitioner is having non- agricultural land bearing Revenue Survey Nos. 444 and 445 near Himmatnagar-Idar-Khedbrahma-Ambaji Road/ State Highway No. 9, Kotvad Village, Taluka : Himmatnagar, District : Sabarkantha. The aforesaid land is developed for residential purpose by the petitioner after seeking non-agricultural permission on 1/2/2019. Thus, after seeking such necessary permission from the Government Authority, the land is developed for residential purpose by the petitioner. The entry of the Society of aforesaid residential units is on the aforesaid State Highway No. 9. But between the entry of the aforesaid Society and the main State Highway No. 9, there is an unauthorized construction of office of Toll Plaza of the State Government. According to the petitioner, with a view to remove such unauthorized construction, a representation is made on 1/1/2021 as the same is creating hindrance in the enjoyment of way to the members of the residential society. According to the petitioner, this construction is almost by now around 15 years and as per the contract executed between the MSK Project Pvt. Ltd., such construction of State Highway No. 9 in question, the Company had to collect the road tax from the public for a period of 15 years after the construction of the road. According to the petitioner, the period of 15 years was completed in the month of August, 2020, however, unauthorizedly, still the toll plaza is collecting the tax even today and therefore, one another representation is made on 12/3/2021. According to the petitioner, no plans have been sanctioned, no permission was sought from any competent authority for putting up toll plaza construction and unauthorizedly, the same is being carried out. Despite representations having been made before the authority, so far no action is taken by the respondent authority which has constrained the petitioner to approach this Court by way of the present petition with the aforesaid reliefs.

(3.) Mr. Mahesh Bhavsar, learned advocate appearing on behalf of the petitioner has submitted that the petitioner is making a request for removal of unauthorized constructed road from the beginning as the offending construction is clearly coming within the road of enjoyment of residents of Society and as such, the right of enjoyment of property to move freely is being hampered and, therefore, requested to grant the reliefs as prayed for in the petition. Learned advocate Mr. Bhavsar has submitted that the construction in question is by now about 15 years and the period for collection of tax is also over in the month of August, 2020 and, therefore, unauthorized act is still in process and as such, also the writ deserves to be entertained. Learned advocate Mr. Bhavsar has drawn attention to one communication which is placed on record dtd. 20/7/2021 and has submitted that the response which has been given in this communication is indicating clearly that no steps will be taken and, therefore, appropriate order be passed in the present proceedings. No other submissions have been made.