AMJADALI GAZANFARALI BHAKHARI Vs. CUSTODIAN OF EVACUEE PROPERTIES

JUDGEMENT

(1.) THREE Civil Applications have been filed in Misc. Civil Application No. 2706 of 2006 in Special Civil Application No. 15239 of 2006. The main petition i. e. Special Civil Application No. 15239 of 2006 was filed by one Shri Nirav Vinodchandra Shah, an Advocate by profession under Article 226 of the Constitution of India branding the said writ petition as Public Interest Litigation ("pil" for short) invoking fundamental rights under Articles 14 and 21 of the Constitution of India. In the above petition, it was mainly contended that the petitioner is one of the residents of Vasana village of city of Ahmedabad and holding property in Vasana village. According to him, it is personal Inam village as per record of rights and by way of public interest litigation, the petitioner wanted to draw the attention of this Court against arbitrariness, high-handedness and illegality of the respondents whereby the claim of the property viz. the entire Vasana village viz. Survey No. 1 to 434, Taluka Ahmedabad is pending for consideration of the Competent Officer under the provisions of the Evacuee Properties (Separation) Act, 1951 (hereinafter referred as "the Act" for short) since 1957 and the same is not finally adjudicated till date. According to him, during the pendency of the said claim, any property purchased by any of the member of public would be ultimately subject to outcome of above proceedings and therefore, appropriate directions be given to the respondent authorities by issuing writ of mandamus or any other appropriate writ to the respondents, and further, this Court may direct the authority to immediately take steps pursuant to the C. O. Case No. 1482 of 1957 which is pending and to complete the said proceedings as expeditiously as possible and to protect the interest of the public at large by declaring that the property of the entire village Vasana (Survey No. 1 to 434), Taluka Ahmedabad is the composite evacuee property and to maintain status quo with regard to the properties in question since the evacuee share vested in the Government.

(2.) IT is to be noted that on the application for amendment i. e. Civil Application No. 9300 of 2006, by order dated 8. 8. 2006, we permitted impleadment of the applicant - Amjadali Gazanfarali Bukhari (Petitioner of Special Civil Application No. 21996 of 2005) being necessary party, to be joined as party respondent No. 3 in Special Civil Application No. 15239 of 2006.

(3.) THE claim of the petitioner of PIL (Nirav Vinodchandra Shah) was contested by the State and it was submitted that no public interest is involved and the petition cannot be maintained.