Vipul M. Pancholi, J.

The captioned Letters Patent Appeal is filed under Clause 15 of the Letters Patent against the interim order dated 11.07.2018 passed by the learned Single Judge in Special Civil Application No.9853 of 2012 by which learned Single Judge has recorded the statement of the learned counsel appearing for the respondent Corporation that the order dated 18.07.2016 passed by the Deputy Town Planning Officer (New Western Zone) shall be implemented within a period of one week from the date of the order. The learned Single Judge has, therefore, observed that "it is expected that if the Municipal Corporation seeks assistance of Police authorities, the same shall be provided except on 14.07.2018".

2. At the request of the learned advocates appearing for the parties, papers of Special Civil Application No.9853 of 2012 were called for and with the consent of the learned advocates, the main petition itself is finally heard and decided.

3. The brief facts leading to the filing of the petition are as under:

3.1 The petitioner Pravinchandra Chandulal Patel, who is senior citizen, has filed the present petition under Article 226 of the Constitution of India, in which, it is stated that the petitioner is the owner of the land bearing Revenue Survey No.1230 of Village Memnagar, which is included in the Ahmedabad Municipal Corporation area and has given Final Plot No.304 of Town Planning Scheme No.1, Village Memnagar. It is stated that the petitioner and his wife are old aged senior citizens and are staying alone in their house constructed on the said plot since number of years. When they started residing at the said place, surrounding area was comprising of open pieces of land having no residence nearby including that of Sushilnagar Co-operative Housing Society Limited. The petitioner constructed compound wall surrounding his plot from all sides. It is stated that allottees of Plot Nos.1 and 2 of Sushilnagar Co-operative Housing Society Limited had executed a declaration on 19.02.1978 about the same.

It is stated that Plot No.2, which appears to have been allotted at the relevant time by Sushilnagar Cooperative

Housing Society Limited to Shri V.K. Chavda, which is admeasuring about 400 sq. yards. From the approved layout plan of Plot No.2, certain area is kept open from all sides, therefore, erstwhile allottee made construction of his house on the said plot by keeping open to sky the aforesaid margin as shown in the layout plan.

3.2 It is stated that respondent Nos.4 and 5 have later on purchased the property in question and, therefore, they are also required to keep open the marginal area from all sides of their house. However, respondent Nos.4 and 5 have started illegal and unauthorized construction in the marginal side facing plot No.1 of the society. It is alleged that respondent No.5 is an I.P.S. Officer and is very influential person wielding his powers and respondent Nos.4 and 5 are headstrong persons, who have scant regard for rule of law. However, few members of the Society could gather the courage to make a complaint to respondent No.2, copy of which was sent to the Deputy Municipal Commissioner against such illegal construction started by respondent Nos.4 and 5. However, no action was initiated against the illegal and unauthorized construction being undertaken by respondent Nos.4 and 5. It is stated that one Mr. Jayesh Prahladbhai Patel submitted an application under the Right to Information Act, 2005, on 12.07.2011 posing five queries with respect to the illegal and unauthorized construction being carried out by the private respondents. However, no reply was given to the respondent Corporation, therefore, reminder was sent. However, subsequently, reply was received from the Public Information Officer of the respondent Corporation by Mr. Jayesh Prahladbhai Patel, in which, it is stated that notice under Section 267 of the Gujarat Provincial Municipal Corporation Act, 1949 ("GPMC Act" for short) has been issued to