MANOJBHAI BHAGWANBHAI JOGI Vs. COLLECTOR - AMRELI AND ORS

JUDGEMENT

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

(2.) THE petitioner describes himself as a "peace loving citizen", who is residing in Haveli Sheri, village Babra, District Amreli, for the past three decades. According to him, his house is situated to the West -South of the Haveli. The grievance of the petitioner is that respondent No.4 is constructing a temple in a manner that infringes upon the rights of light and air of the petitioner, and also violates his privacy. In this regard, the petitioner has instituted a suit, being Regular Civil Suit No.26/2011 on 24.06.2011, which is pending. The Court is informed by the learned advocate for the petitioner that the application at Exhibit -5 preferred for grant of interim injunction in the said suit is also pending. It is stated in the petition that after filing the above -mentioned suit, it came to the knowledge of the petitioner that without getting prior approval or sanction for the plans for construction from respondents Nos.1 and 2, namely the Collector, Amreli and Babra Nagar Seva Sadan, respectively, respondent No.4 has started making construction over the land. On 09.09.2011, the petitioner expressed his grievance in the programme for redressal of grievances held by the Honourable Chief Minister. On the same day, the petitioner gave an application to the Chief Officer of respondent No.2 stating that respondent No.4 is illegally constructing a temple without prior permission and without sanctioned plans. It was also pointed out that respondent No.4 has encroached upon Government land while making such construction. Appropriate action was requested to be taken by the petitioner, from the Chief Officer in this regard. Pursuant to the above -mentioned applications made by the petitioner, respondent No.2 issued letter dated 04.01.2012, calling upon respondent No.4 to produce documents reflecting his ownership upon the land in question. It is not clear from the material on record whether respondent No.4 produced any documents, or not. However, the petitioner has produced a copy of the order dated 04.02.2000 passed by respondent No.3 -City Survey Superintendent, holding that the land in question belongs to the State Government. Thereafter, on 12.01.2011, the Chief Officer of respondent No.2 issued notice to respondent No.4 calling upon him to produce documents regarding ownership of the land upon which construction was being carried on within seven days, failing which action shall be taken against him under the Gujarat Municipalities Act, 1963. On 09.02.2012, the petitioner again wrote a letter to respondent No.2 pointing out that in spite of notice being issued to respondent No.4, the construction was still continuing and no action had been taken by the authorities regarding the same. Being aggrieved thereby, the petitioner has approached this Court by way of this petition.

(3.) MR .M.B.Parikh, learned advocate for the petitioner has submitted that the petitioner is a law -abiding citizen and the construction put up by respondent No.4 is illegal. Respondent No.4 has encroached upon Government land. The petitioner has moved the concerned authorities for removal of the said construction, and though notices have been issued by the Chief Officer of respondent No.2 to respondent No.4 on 04.01.2012 and 12.01.2012, no further action has been taken. The construction is being put up on Survey No.1431 situated at village Babra, which is mutated in the name of the State Government, which has been held by respondent No.3 to belong to the State Government, and in spite of the representations made by the petitioner, respondents Nos.2 and 3 have not taken appropriate action, which has led the petitioner to approach this Court in order to protect the interest of the State Government.