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2022 Supreme(Guj) 1626

A. P. THAKER
Dhanjibhai Thakarshibhai Borda – Appellant
Versus
Surat Municipal Corporation – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR DIPEN DESAI
For the Respondent: MR CJ VIN

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 r

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