SILVER BELLS INTERNATIONAL SCHOOL Vs. TOWN DEVELOPMENT OFFICER

JUDGEMENT

(1.) The petitioners Schools, by way of the present petition, have prayed for issuance of writ of certiorari or any other appropriate writ, order or direction, quashing and setting aside the notice dated 16.2.2017 issued by the respondent No.2 Bhavnagar Municipal Corporation (hereinafter referred to as "the respondent Corporation"), calling upon the petitioners to remove the unauthorised constructions/ encroachments made by them on the 36 mt. wide road, situated at the residential area known as 'Kaliabid' faling within the area of Bhavnagar Municipal Corporation. It has been alleged in the said notice that the said illegal constructions/encroachments were causing obstruction to the respondent Corporation in laying the sewage and water pipe lines and were also causing obstruction to the traffic movements to the residents of the said locality and the general public.

(2.) At the outset, it may be stated that the Court, while issuing notices to the respondents on 17.2.2017, had directed the respondents to maintain status quo. The said order has been continued till this date. In the meantime, the Court, vide the order dated 10.10.2017 had, at the request of the learned Sr. Advocate Mr.Mihir Thakore for the petitioners, directed the respondent Corporation to explore the possibility of shifting the drainage line as suggested by the consulting engineer of the petitioners and accordingly, the Commissioner of the respondent Corporation along with the said engineer and the officers of the Town Development Department had visited the site. The report prepared by the Town Development Officer has been produced by the respondent Corporation along with the affidavit- in-sur-rejoinder, wherein it has been stated inter alia that the petitioners had made huge illegal constructions, including at the basement under the 36 mt. wide road in question shown in the lay-out plan, and that the alternative suggestion made by the consulting engineer of the petitioners was not feasible for the reasons stated therein.

(3.) It has been sought to be submitted by the learned Sr. Advocate Mr.Thakore for the petitioners that the petitioners are running the Schools, where about four thousand students are studying and the respondent Corporation had issued the impugned notice, directing the petitioners to remove the alleged constructions/encroachments made on the 36 mt. wide road in question within one day, which notice was ex facie illegal and arbitrary. He further submitted that under the guise of laying sewage and water pipe lines, the officers of the respondent Corporation wanted to cause harassment to the petitioners. According to him, Kaliabid land is a private property and not the public property, and that the alleged 36 mt. wide road having not been declared as public street by the respondent Corporation, no such drainage or sewage line could be laid by the respondent Corporation in the private property. According to him, there are number of constructions existing in the Kaliabid area, put up by various persons and the entities without any permission from the Corporation, for which the Supreme Court had also taken note in one of the proceedings. He further submitted that though alternative arrangement for laying the drainage/sewage pipe lines was possible, because of the adamant approach on the part of the officers of the respondent Corporation, the same was not being accepted.