SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2006 Supreme(Guj) 101

Gujarat High Court
Judgename :AKSHAY H.MEHTA, KSHITIJ R.VYAS
SUO MOTU - Appellant
Versus
AHMEDABAD MUNCIPAL CORPN - Respondent
SPECIAL CIVIL APPLICATION 14128 of 2005
Decided On : 02/15/2006

Advocates Appeared: B.A.VAISHNAV, D.A.BAMBHANIA, D.C.DAVE, D.R.KHARE, H.L.PATEL, H.R.PRAJAPATI, H.S.MUNSHAW, J.B.PARDIWALA, MITUL K.SHELAT, P.R.NANAVATI, P.S.CHAMPANERI, R.R.VAKIL, S.N.SHELAT, SHASHIKANT S.GADE, SHILPA SHAH, V.D.NANAVATI, Y.F.MEHTA

Headnote:

Gujarat Municipalities Act, 1963 - Panchayats Act, 1993 - Bombay Provincial municipal Corporations Act, 1949 – Member of a party - Service of rule is waived by advocates for respective respondents is a historical city- It was founded in or around - Originally city was confined to area within fort having different gates area which is now known as walled city but with passage of time it has grown rapidly and during last year’s growth is by leaps and bounds - Original city has now become a small portion of entire city growth of city has embraced in its fold villages which not very long ago had their independent identity and entity - They have now merged into city and some of them have already become posh areas of city for quite some time such as etc - They are covered Municipal Corporation - legislature has enacted legislations keeping in view public health hygiene and sanitation - It has also taken care to see that statutes related to administration of cities towns and villages by their respective civic bodies contain provisions casting duties upon these civic bodies to safeguard public health and to maintain hygienic condition and sanitation so as to avoid any hazard to public health – Held, It was also brought to our notice that because of judgment of this Court rendered in Special Civil Application authorities are unable to refuse Permission have perused said judgment - In said case all these factors were never brought to notice of Single Judge who gave said judgment - It is solely confined to facts of said case - However considering peculiar situation that is being created in Bhopal especially in monsoon certain directions are required to be given have already highlighted facts that have come to our notice from time to time in present proceedings since they are alarming and require consideration at Government side - Government has to be alarmed to dismay state of facilities for sanitation as reflected from stand taken by District Development Officer District Panchayat Gram Panchayat and AUDA - During discussion stand taken by various authorities – Order Accordingly (Para 7)

AKSHAY H. MEHTA, J.

( 1 ) RULE. Service of rule is waived by the learned advocates for the respective respondents. Ahmedabad is a historical city. It was founded by King Ahmed Shah in or around 1411 AD. Originally the city was confined to area within the fort having different gates, the area which is now known as walled city, but with the passage of time it has grown rapidly and during last 20 to 30 years the growth is by leaps and bounds. The original city has now become a small portion of the entire city. The growth of the city has embraced in its fold villages which, not very long ago, had their independent identity and entity. They have now merged into the city and some of them have already become posh areas of the city for quite some time such as Navrangpura, naranpura, Paldi, etc. They are covered under Ahmedabad Municipal Corporation [amc] Even during recent past many villages like Memnagar, Thaltej, Vejalpur, ghatlodiya have been taken into its sweep by the rapid growth and the city has expanded in all directions. Though the Municipal Corporation has got sufficiently large area of 190. 84 Sq. Kms. , under its jurisdiction, the city is not confined to the corporation limits alone but it has sprawled unto far flung areas in all four directions beyond the Corporation limits. However, the growth on the eastern and western parts of the city is quite noticeable. The civic bodies of the villages in these areas have maintained their independent identity, but the villages have completely intermingled with the recent growth and urban population. It is stated before us that in the corporation limit itself there are 7. 5 lacs houses and 2. 5 lacs industrial houses within the jurisdiction of the Ahmedabad Municipal Corporation. This does not include the houses which are part and parcel of the Ahmedabad City but which do not fall within the Corporation limit. This development includes bungalows, tenements, high and low rise apartments, etc. As per the census figure of the year 2001 the population of the city is in the vicinity of 35,20,085. Such rapid and enormous growth of the city and the areas on its periphery are fraught with many problems, but the serious and alarming problems are pertaining to public health, hygiene and sanitation. The civic bodies including the AMC are found hopelessly lacking in solving these problems due to various reasons which will be discussed during the course of this judgment. Their weaknesses and shortcoming get completely exposed during the monsoon and the aftermath of the monsoon. Within first week of the monsoon, the roads start getting flooded with water, the storm-water drainages start overflowing, the open plots get water logged, the undisposed garbage heaps found on the road side start stinking. In all areas within the city and also outside it and also in the areas near railway tracks which are under the jurisdiction of the Western Railway undisposed garbage get soaked in the water causing grave problem to the public health. To add to this misery, even on the eastern periphery of the city there are large number of industrial houses which discharge their effluent in totally unregulated manner in the canal known as Kharikat Canal and other water discharge courses. This effluent gets mingled with the rain water and as a result of that, these water courses also get overflown spreading the dirty, obnoxious and poisonous water in the residential areas posing grave danger not only to the human health but even to the domestic animals. It is pertinent to note at this juncture that this city has been declared as Mega City recently. All these chaotic unhygienic conditions naturally lead to spreading various diseases in the city, some of which are very dangerous causing fatality. Falciparum, Malaria, Jaundice, Hepatitis-B were the diseases already known to the residents of this city since they were falling pray to them for the last many years. However, for the past few years, during monsoon and thereafter











Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top