KANUBHAI ISHVARBHAI PATEL Vs. MUNICIPAL COMMISSIONER

JUDGEMENT

(1.) THIS petition under Articles 226 and 227 of the Constitution of India, has been preferred with the following prayers:

(2.) THE petitioner is a member of the Tejas Co- operative Housing Society Ltd. Part I, ('The Society', for short) and is occupying Sub-Plot Unit No:48 of the said Society. The petitioner gave an application-cum- notice to the respondent Ahmedabad Municipal Corporation on 18-09-2010, pointing out that the residents of about 44 tenements have committed various illegalities and put up unauthorized constructions. It was also pointed out that the common Plot of the Society had been encroached upon, there was unauthorized construction in the margin land and common roads and violations of the Floor Space Index, (FSI). According to the petitioner, due to his efforts, action was initiated by the respondent Corporation against the errant members of the Society. Proceedings have been initiated against the concerned persons who have been directed to remove the illegal constructions. However, according to the petitioner, the action taken is only on paper, therefore, he was constrained to issue four legal notices dated 13/07/2011, 07/10/2011, 15/11/2011 and 10/01/2012 to the respondents. The grievance of the petitioner is that the action taken by the respondents against the members of the Society who have put up illegal constructions is not satisfactory, as the officers of the respondent Corporation are not implementing the notices issued by them and are not taking steps to demolish the unauthorised constructions. Hence, the petition.

(3.) I have heard learned counsel for the petitioner and perused the averments made in the petition and considered the submissions made at the Bar. It transpires from perusal of the Memorandum of the petition and documents annexed thereto that the Society had earlier filed Special Civil Application No.987 of 2010, inter alia against the illegal construction put up by the petitioner. The said petition was disposed of by this Court on 15-7-2010, with directions that action be taken against the petitioner,in accordance with law, after giving him an opportunity of hearing. The said order has not been annexed to the petition. It appears that thereafter, the petitioner removed the unauthorized construction put up by him, and is now agitating that the alleged unauthorized construction put up by 44 members of the Society, be demolished. The application made by the petitioner to the respondent Corporation on 18-9-2010 gives the names of the persons who have put up unauthorized constructions, and describes the illegalities allegedly committed by them. It appears that action has been taken by the respondent Corporation and notices under Section 260 of the Bombay Provincial Municipal Corporations Act, 1949 have been issued to the persons who have put up unauthorized constructions. The communication dated 16-8-2011 addressed by the Deputy Municipal Commissioner to the Personal Assistant to the Hon'ble Minister for Water Supply and Water Resources, Urban Development and Urban Housing Department that is annexed as Annexure 'C' to the petition makes this fact clear. It is also stated in the said communication that proceedings to remove the illegal constructions would be initiated as per priority. Further, another communication dated 20-12-2011 from the Deputy Municipal Commissioner to the Deputy Secretary to the Hon'ble Minister for Urban Development and Urban Housing Department makes it clear that notices under Section 260 have already been issued for removal of the illegal constructions and appropriate proceedings are being taken for removal thereof. From the above, it is evident that the concerned respondents are in the process of taking steps to remove the alleged unauthorized constructions.