ORAL JUDGMENT

(PER : HONOURABLE MR.JUSTICE R.P.DHOLARIA)

1. This Writ Petition in the nature of public interest litigation has been filed by the petitioner claiming the following reliefs:

a. The Hon'ble Court be pleased to admit and allow this petition;

b. The Hon'ble Court be pleased to issue writ order or direction in the nature of mandamus directing the respondents to see that the industrial activities are not permitted in the residential areas;

c. The Hon'ble Court may further be pleased to direct the power supply company to stop issuing industrial connections in the residential areas without insisting for proper verification and clearances which even otherwise cannot be granted in the residential areas;

d. The Hon'ble Court be pleased to direct respondents to take appropriate actions or measures for stoppage of use of residential premises for the purpose of commercial and/or industrial use, and also further be pleased to direct them to remove the machineries installed in the residential zone which are causing noise, air and/or any other pollution in the residential area of Surat city;

e. The Hon'ble Court may further be pleased to direct the respondent authorities to take appropriate steps, and to see that proactive measures are taken, so as to avoid industrial use of residential properties.

2. We have heard Mr.Ashvin M.Panchal, learned advocate for the petitioner, Mr.Utkarsh Sharma, learned AGP for respondent No.1 and Mr.Kaushal D.Pandya, learned advocate for the respondent No.2.

3. We have gone through the entire material available on the record. From the material available on the record, it is indisputably emerging that the area known as Begampura is situated in the heart of the Surat City. Even also during the British reign, some commercial activities were going on in the said area. The area of Begampura is well-known in the world for zari industry and subsequently it has become a residential area.

4. From the record, it is revealing that the petitioner has moved various authorities such as Surat Municipal Corporation, Torrent Power Limited, airing his grievances. The main grievance of the petitioner is that commercial activity is going on in the residential area of Begampura without any permission or clearance from the concerned authorities.

5. Mr.Kaushal D.Pandya, learned advocate for respondent No.2 has contended that since time immemorial, zari industry has been set up in the area of Begampura. Perhaps, at that time, there was no concept of bifurcating the areas into residential or commercial areas. Mr.Pandya, learned advocate further contend that many applications for change of use of the property has been considered by the Surat Municipal Corporation. Now, such a plea seeking mandate to stop the zari industry functioning in Begampura area and to direct the electricity company to disconnect electricity connection cannot be granted in a public interest litigation.

6. We see some force in the contention of Mr.Kaushal D.Pandya, learned advocate for respondent No.2 as zari industry is set up in the Begampura of Surat City since time immemorial and thereafter, residential area near such unit has developed. At that time, there was no concept of bifurcating the areas into residential or commercial areas. If the petitioner has grievance that commercial activity is going on in the residential area of Begampura without any permission or clearance from the concerned authorities, then it is open for him to take recourse under the provisions of the Gujarat Municipal Corporation Act and other allied laws. Now, at this juncture, no sort of relief as requested by the petitioner in this writ petition in the nature of public interest litigation can be granted.

7. In view of the above, this writ petition preferred by the petitioner in the nature of public interest litigation is devoid of any merits and deserves dismissal. Hence, the present writ petition, is accordingly, dismissed. However, there shall be no order as to costs.

(V.M.SAHAI, ACJ.