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2022 Supreme(Guj) 754

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Aravind Kumar, A.J.Shastri JJ.
Nileshbhai Narayanbhai Mistry - Appellant
Vs.
State Of Gujarat - Respondent
Writ Petition (PIL) No. 26 of 2022
Decided On : 13-06-2022

Advocates appeared:
Vivek V.Bhamare, K.M.Antani, Advocates

Headnote:

Constitution of India, 1950 – Article 226 – Right to Information Act, 2005 – Petitioner is seeking reliefs – Petition is not entertained and it is being dismissed at threshold without issuing notice to respondent for reasons – Petitioner claims to be a freelance reporter, social worker, RTI activist and is also said to have preferred several writ petitions before this Court which are either disposed of or pending and name of few viz they are Writ Petition (PIL) and as such contending, inter alia, that prayer sought for in petition is purely in public interest and this litigation is initiated not at instance of any other person or organisation, but on his own interest, present petition has been filed – Held, Court have discussed herein above and any further elaboration on this would only be repetition or burdening this judgment with additional paragraphs, which court desist from doing so, except to extent extracting details of plots, plot number, date of auction and nature of land used specified in Annexure-A and nature of land, it has been put to use – Insofar as Final Plot No.31 referred to hereinabove in tabular column is concerned, it is no doubt earmarked for local market and said land having been allotted to Hindustan Petroleum Corporation Limited, a Government of India Undertaking for establishing its retail outlet (petrol pump) and it is stated that a retail outlet has been established and the said allotment having taken place and retail outlet of HPCL having been established which definitely caters to need of local population, it cannot be held that there is a deviation of land use – Ordered Accordingly.

JUDGMENT :

Aravind Kumar, J.

1. Petitioner is seeking following reliefs:

    "12A. YOUR LORDSHIPS may kindly be please to issue directions to respondent No.3 to identify public plot marked for public purpose in the City of Ahmedabad as mentioned at ANNX-A herein above;

B. YOUR LORDSHIPS be pleased to direct respondent No.3 to maintain list of such plot at the office and further erect big notice board on public plots mentioning the purpose for which they are reserved;

C. YOUR LORDSHIPS be pleased to issue directions to respondent No.3 for removing encroachment on the plot reserved for public purpose as mentioned in the list at ANNX-A herein and further be pleased to issue directions to respondent No.3 for imposing penalty on encroachers and amount recovered from penalty be used for welfare of public at large;

D. YOUR LORDSHIPS may kindly be pleased to may kindly be please to issue an writ of mandamus and/or any other appropriate writ, order or direction in nature of mandamus directing respondent authorities to ensure strict compliance of GDCR Rules in accordance with law by not extending undue favors to anyone;

E. YOUR LORDSHIPS may be pleased to direct respondent No.3 to develop public gardens on vacant as well as encroached plots reserved for public purpose and further be pleased to issue direction to respondent No.3 for framing policy for construction of garden on the basis of population of surrounding area;

E. YOUR LORDSHIPS be pleased to direct respondent No.3 and respondent No.6 be directed to initiate strict actions against all persons responsible for encroachment on public plot including official of respondent No.3 & 6 if any;"

2. We have heard the arguments of Mr. Vivek Bhamare, learned counsel appearing for the petitioner. Perused the records.

3. This petition is not entertained and it is being dismissed at the threshold without issuing notice to the respondent for the following reasons.

4. Petitioner claims to be a freelance reporter, social worker, RTI activist and is also said to have preferred several writ petitions before this Court which are either disposed of or pending and name of few viz. they are Writ Petition (PIL) Nos.31/2017, 200/2017, 180/2018 and as such contending, inter alia, that prayer sought for in the petition is purely in the public interest and this litigation is initiated not at the instance of any other person or organisation, but on his own interest, the present petition has been filed.

5. It the grievance of the petitioner that in the year 2007 area of Ahmedabad Urban Development Authority ('AUDA' for short) got merged with Ahmedabad Municipal Corporation ('AMC' for short) and during the year 2011 various plots have been handed over to AMC along with list of plots and the said list would disclose that the purpose for which the lands were earmarked, such as 'open space', 'local market', centre', 'educational purpose' but not to different use. It is contended that as per the sanctioned Final T.P. Scheme of AMC, the said lands are required to be used for the purpose of which it is reserved and petitioner claiming to be an RTI activist and public spirited person is said to have obtained information under the Right to Information Act which he claims would reveal that plots reserved are being used against the purpose for which it is earmarked. It is further contended that officials of the corporation have shown complete dereliction of their duty in not maintaining such plots by preventing encroachment, as a result of which the encroachers are able to unauthorisedly use the government land for years together. It is also contended that there is a scarcity of the garden in the city of Ahmeadbad and the gardens already developed are mostly crowded during morning and evening hours which would indicate that there is scarcity of gardens contending that such development of garden is the requirement of the day for la

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