RAJVEER PRAVINCHANDRA UPADHYAY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed seeking direction to stop construction of water distribution station on the common plot and garden of Gujarat Housing Board, Chandkheda and to transfer the construction of water distribution station from common plot and garden of Gujarat Housing Board, Chandkheda to some other place.

(2.) Learned Advocate for the petitioners submitted the Housing Board wherein the petitioners are having their residential premises, had provided for the common plot for the use by the residents of the area. However, it has come to the knowledge of the petitioners that the said common plot is now being used for the purpose of setting up water distribution station. Hence, the petitioners, who formed lose association in the name of Jagrut Yuva Nagrik Sangathan, had given notice in this connection to the Commissioner of Ahmedabad Municipal Corporation. However, there is no action on their part of stopping the construction of water distribution station. The petitioners had therefore made an application under the Right to Information Act calling for the information with regard to status of the construction on the common plot, to which reply was given under the Right to Information Act and as per the reply given, for any construction in the common plot, permission of the association, NOC of the Gujarat Housing Board and permission for construction by the Development Authority is essential.

(3.) As against this, learned Advocate for the respondent- Corporation submitted that the requirement of setting up of water distribution station was to cater to the requirement of water to the residents of the very Housing Board and in fact, the area on which construction of this water distribution station is being set up, there already existed a small overhead tank and bore cabin.