SHABINABANU ALTAFHUSEIN KAPADIYA Vs. COLLECTOR BHARUCH

JUDGEMENT

(1.) APPELLANT has challenged the judgment of the learned Single Judge dated 16.8.2013 in Special Civil Application No.17647 of 2011. The petitioner appears to have occupied part of the land on the margin of the road whereas, as per the counsel, the petitioner has constructed underground tank next to her house and projected a balcony. When the petitioner applies for regularization of such occupation, the authorities rejected it giving rise to the writ petition. The learned Single Judge while not interfering with the official order, provided as under:

(2.) IN our opinion, such restriction more than sufficiently safeguards the interest of the petitioner. Admittedly, so far, no authority has directed the petitioner to evict or given a notice for demolition. When the learned Single Judge has provided that if the Government does not require such land in any other purpose, it would be open for the petitioner to apply again. No further safeguard, in our opinion, is required. Surely, if such an application is moved, the same would be decided in accordance with law and unmindful of the orders passed by the authorities or by this Court in the present proceedings.