Failure to engage with municipal processes justifies dismissal of repeated encroachment litigation against public interest.

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. Heard the learned counsel for the appellant and perused the record.

2. This is the third round of litigation between the parties namely the petitioners herein and Viramgam Municipality, wherein the challenge is to the repeated notices issued by the Municipality asking the petitioners to remove their encroachment over the land in question, which is part of survey Nos.1309 and 1310, close to Gangasagar Lake in Taluka Viramgam, District Ahmedabad.

3. A perusal of the records indicated that the writ petition out of which the present appeal has arisen, was directed against the notice dated 18.02.2022 issued by the Nagarpalika. The reliefs prayed in the writ petition were to quash and set aside the notice dated 18.02.2022 and further to issue directions to the respondent No.3 Municipality to grant opportunity of hearing to the petitioners to produce the documents for regularization of the occupation of the hutments by the individual petitioners on reasonable terms and conditions.

4. We may note that in the first round of litigation initiated by the petitioners namely Special Civil Application No.17289 of 2012, this Court had issued directions to the Nagarpalika to consider the representations of the petitioner.

5. In the second round, the writ petition namely the Special Civil Application No.2192 of 2015 was filed by the respondent No.4 herein, wherein the following relief was sought for, wherein notice was issued by this Court vide order dated

02.03.2025:-

“11(BB) Allow this petition by directing the respondent no.2 to take immediate and active steps to comply with the order passed in S.C.A No. 17289 12, dtd. 2812/12, by this Hon.Court (Annx.”G”).”

6. It is further relevant to note that in the writ petition of the year 2015, the order dated 27.03.2019 was passed by this Court to the following effect:-

“Stand over to 21.06.2019.

Meanwhile, it is expected that the Viramgam Municipality shall request the District Collector, Ahmedabad to allot suitable land for hutment dwellers, who are residing on the disputed land and the District Collector shall take appropriate decision in the matter. The authority shall file affidavit in reply about compliance of the above order.”

7. On the affidavits filed by the Assistant Collector and the Prant Officer, Viramgam and on consideration of the response of the Nagarpalika as well therein, the following order was passed:-

“6. It appears that, today, the stand of the nagarpalika is that they are not financially capable to pay this requisite amount as market price for allottment of government land which is proposed to be allocated to the encroachers and notice dated 28.09.2021 issued to the encroachers is placed on record which indicates that the encroachers have been asked to show cause as to if they pay the requisite market price for allottment of plot, they would be allotted such plot on government land. They were asked to respond to this notice within a period of seven days from the date of receipt of the notice.

7. In other words, what is evident is that the action of the compliance of para 11(BB) goes in tandem with the action of the nagarpalika in issuing the notice to the respondent encroachers who have been asked to respond to the notice dated 28.09.2021. In the event the encroachers are not willing to respond or comply with the condition of the notice of 28.09.2021, appropriate action in compliance of the orders and prayer 11(BB) shall be taken by the nagarpalika within a period of eight weeks from the date of receipt of copy of this orde