ORDER :

1. By filing this petition, the petitioner has prayed to issue writ of mandamus or writ in the nature of mandamus or any other appropriate writ, direction or order, commanding the respondents to immediately remove the encroachment on land bearing Block No.177, Final Plot No.8, Village:Bamroli, Taluka:Majura, District:Surat, and clear the entire encroachment on the said land and give peaceful and vacant possession of the said plot to the petitioner.

2. The brief facts giving rise to the present petition are as follows:

2.1 The petitioner states that the petitioner is the owner of land admeasuring 46539 sq.mtrs. bearing Block No.177, Final Plot No.8, Village:Bamroli, Taluka:Majura, District:Surat. The petitioner states that above referred land came to be reserved for the purpose of Solid Waste Management by the Surat Municipal Corporation. The petitioner states that on the said land there is unauthorized encroachment and huts have been constructed and people have encroached upon the said land. The petitioner has, therefore, vide representation dated 28.02.2019 requested the Surat Municipal Corporation to remove the encroachment on the said plot. The petitioner had earlier also requested the Corporation to remove the said encroachment and protect the said plot of the petitioner. The petitioner states that the Vigilance and Inspection Officer of the Surat Municipal Corporation vide order dated 05.03.2019 directed the respondent no.2-Executive Engineer to remove the encroachment, if any, found on the land in question. The petitioner states that again the Vigilance and Inspection Officer vide communication dated 19.03.2019 instructed the Executive Engineer to remove the encroachment and report the same to the Vigilance Officer.

2.2 The petitioner states that on 20.03.2019 again a representation was made on behalf of the petitioner that though earlier directed by the Corporation to remove the encroachment, but encroachment has been removed and only a false show is made that encroachment has been removed. Along with the said letter, copies of orders passed by the Corporation dated 05.05.2012, 08.06.2012 and 16.07.2014 instructing the officers to remove the encroachment have been produced.

2.3 It is stated that at three boundaries of the plot, the petitioner made compound wall but when boundary wall/fencing was sought to be made on the side of the road, the Corporation officers did not allow the same on the ground that the land is placed in reservation and the watchman room was also demolished and the corporation took responsibility to protect the land from being encroached. The corporation, in this regard passed various orders the following orders - VID/358 dated 05.05.2012, VID/3099 dated 05.03.2013, VID/160 dated 16.07.2014, VID/78 dated 06.04.2016, VID/DC/4 dated 21.06.2016 and VID/4765 dated 20.03.2017.

2.4 The petitioner states that, however, no concrete action has been taken and therefore the petitioner again on 20.04.2019 requested the respondent authorities to remove the encroachment and comply with the earlier directions of the Corporation. The petitioner states that the corporation vide orders dated 24.04.2019 and 01.07.2019 directed its subordinate officers to remove the encroachment.

2.5 The petitioner states that, however, since no actions were taken, the petitioner vide representations dated 23.07.2019, 06.09.2019 and 19.09.2019 requested the Surat Municipal Corporation to take appropriate action for removal of the encroachment. The said representations pointed out in detail that the officers of the Surat Municipal Corporation are misleading the authorities by submitting a false report that encroachment is removed, However, actually the said encroachment was not removed and the same continued. The petitioner also sought permission to construct the fencing/compound wall so that the land of the petitioner can be protected from encroachers.

2.6 The petitioner states that thereafter vide notice dated 16.10.2019 the Executive