Suppression of material facts in a writ petition can lead to dismissal and costs imposed on the petitioner.

JUDGMENT :

(Mauna M. Bhatt, J.)

1. Rule returnable forthwith. Learned Assistant Government Pleader Mr. Dhawan Jayswal waives service of Rule on behalf of the respondents.

2. Heard Learned advocate Mr. Rajesh Chakwawala for learned advocate Mr. Kishan Chakwawala for the petitioner and Mr. Dhawan Jayswal for the respondents. Mr. Chakwawala has filed draft amendment dated 29.10.2024. The same is allowed in terms of the draft and ordered to be carried out forthwith.

3. The question to be answered in the present petition is of great importance in matters involving challenge to demolition process. This is particularly since in such type of matters, this Court’s primary duty is to ascertain whether the petitioner has approached this Court with clean hands and is not guilty of suppression of material facts. The approach adopted by the petitioner in the present case, as enumerated hereinafter, is deprecatory and condemnable. Not only has the petitioner suppressed material facts but has conveniently sought to mask his breach by filing a draft amendment (without an accompanying affidavit) on the ground of “typographical error”.

4. Brief facts of the petition are to the effect that the petitioner claims to be owner and occupier of the subject premise (land and building) bearing block and survey no.380 (old survey no.281), Mouje Village: Adalaj, Taluka & District: Gandhinagar admeasuring 1-45-69 sq.mtrs. (hereinafter referred as “subject property”).

4.1 Learned Advocate Mr. Chakwawala submitted that the subject property was purchased by the petitioner from its original owner through registered sale deeds dated 26.09.2006 and 10.10.2006. In support of his submission, learned advocate Mr. Chakwawala relied upon registered sale deeds at Annexure “A” (Page-13 to 47). He further submitted that the subject property was developed and maintained by the present petitioner and for development of the property, he had built permanent structures and sheds which has all the amenities. He submits that the petitioner has spent substantial amount for development of subject property.

4.2 Thus, though the petitioner is the absolute owner of subject property, without any prior Notice, on Sunday morning at 07:00 AM on 06.10.2024, some 20 unknown persons dressed up as corporation officers came with Two JCB trucks and started threatening the Paggi and their family members to vacate the premises and to hand over the possession. They brutally thereafter, started demolishing the subject property. Learned Advocate relied upon the photographs at Annexure-D (page 55-59).

4.3 For this illegal action, the petitioner approached respondent No.2, but in vain and therefore the petitioner through his Advocate sent legal Notice dated 07.10.2024 at Annexure-E (page 60 to 62). A representation dated 07.10.2024 along with necessary documents was also made to respondent No.2 and other authorities (Annexure “E”, page 65 and page 80). Learned Advocate submitted that the action of respondent no.2, demolishing the property of the petitioner where he is absolute owner is illegal, because the same was done without prior Notice, and therefore, interference by this Court is required.

5. This petition was listed for hearing on 22.10.2024. During hearing on 22.10.2024, learned advocate Mr. Chakwawala for the petitioner advanced submissions on the aforesaid lines and prayed for issuance of notice as well as maintaining status quo.

6. Since advance copy was served to office of Government Pleader, learned Assistant Government Pleader Mr. Dhawan Jayswal appeared and pointed out that on account of advance copy being served, he has sought instructions and concerned officer is also present with relevant documents.

6.1. Inviting attention of this Court to the averments made in para-3 of the petition, Learned AGP submitted that the petitioner has stated that he is owner and occupier of the subject property admeasuring 1-45-69 sq. mtrs. and has placed reliance on registered sale deeds of the year 200