SHANTILAL MAGANBHAI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed by way of Public Interest Litigation in which the petitioners have prayed for the following reliefs;

(2.) It is the case of the petitioners that they are residents of Nadiad Town and are residing nearby "Sher Talavdi". The petition is filed in public interest as the respondentauthorities have granted N.A. Permission to respondent no.4Society for constructing residential houses for its Members. It is mainly alleged that "Sher Talavdi" is an area where a "water body" (Pond) is situated. The said land is a waste land, situated in the sim of "Lakhavad" bearing Revenue Survey No.607 admeasuring 24 acres and 23 gunthas, forming part of Nadiad Nagarpalika. The said Survey No. is converted into different Plots and the dispute is with regard to Final Plot No.311 in T.P. Scheme No.2 admeasuring 10,790 sq. metres.

(3.) It is alleged that until 1973, the said land was in the name of the Nagarpalika and is a water body (Pond). It is the case of the petitioners that the land bearing Survey No.607 of Nadiad Nagarpalika remained as a Pond and even as on today, it is filled with water. The petitioners have placed reliance upon the Circular dated 05.03.2001 issued by the Urban Development and Urban Housing Department of the State of Gujarat as well as the Circular dated 12.11.2011 issued by the Director of Nagarpalika, by which Survey No.607 of Nadiad Nagarpalika is declared as a water body. It is, therefore, the case of the petitioners that the Nagarpalika has no authority to sell the land to anybody. In spite of that the Nagarpalika has sold the land to respondent no.4Society and the Chairman of respondent no.4Society has sought necessary permission from the District Collector.