HEAD MASTER, GURUKUL VIDYA VIHAR Vs. COLLECTOR, MEHSANA

JUDGEMENT

(1.) BY way of this Writ Application under Articles 226 and 227 of the Constitution of India, the petitioner seeks to challenge the allotment of land for Shop No.65 in favour of respondent No.2 on the ground that such allotment of land and construction over it, would adversely affect free flow of the traffic and would lead to and may create accident prone zone. It is also submitted that the allotment of land, in fact, was with an ulterior motive to oblige someone. During the pendency of this Writ Application, certain interim orders were issued, therefore, the shop, which was constructed upto the plinth and roof level, without surrounding walls, stands as it is.

(2.) ON the last date, this Court required the respondents to inform this Court as to what exactly was the location and situation of the spot. The respondent -Municipality has filed certain photographs, which are at Page Nos.98 to 105.

(3.) SHRI Jani, learned Counsel for the petitioner, after taking me through the map of the spot, submits that in between Shop Nos.65 and 64, there exists a street, which goes to Raliyat Nagar, and just behind Shop No.65, there is still a road which goes towards the college road. He also submits that adjoining the said road, Gurukul Vidya VVihar School, orphanage, temple, hospital and primary school are on one side, while on the other side, there is one high school. He submits that allotment of the land under Shop No.65, in fact, was causing disturbance in the free flow of traffic because people, instead of taking a turn from the main road towards the college road, are now required to go beyond Shop No.65 and thereafter, have to take a right turn. His submission is that respondent No.2 could be allotted some land adjoining to Shop No.64, which is on the other side of Raliyat Nagar Road and if that is so done, it would not create or cause any problem either to the traffic or anyone else.