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2017 DIGILAW 1643 (GUJ)

Ramilaben Ansingh Vasava v. Gujarat Housing Board

2017-09-14

J.B.PARDIWALA

body2017
ORDER : J.B. PARDIWALA, J. 1. Since the issues raised in all the captioned petitions are the same, those were heard analogously and are being disposed of by this common order. 2. For the sake of the convenience, the Special Civil Application No. 17422 of 2014 is treated as the lead matter. 3. By this writ-application under Article 226 of the Constitution of India, the writ-applicant has prayed for the following reliefs:— 16(a) issue a writ of or writ in the nature of certiorari or any other appropriate writ, order or direction, declaring the action of respondent, Gujarat Housing Board is arbitrary, malafide and without following due process of law. (b) direct the respondent not to dispossess the petitioner from the land in question. (c) by way of interim/ad interim relief, direct the respondent not to remove the petitioner from the land is question. (d) grant any other reliefs as may deem fit, in the interest of justice. 4. Mr. Malkan, the learned counsel appearing for the petitioners pointed out that identical petitions came to be disposed of by this Court vide order dated 20/02/2017 passed in the Special Civil Application No. 4950 of 2014 and allied matters. Mr. Malkan has made available the copy of the order passed by this Court dated 20/02/2017. The order reads thus:— “1. Heard Mr. Jitendra M. Malkan, learned advocate for Ms. Khushboo V. Malkan, learned advocate and Ms. Dharita P. Malkan, learned advocate appearing for the petitioners and Mr. Y. N Ravani, learned advocate appearing for respondent No. 1 and Ms. Jyoti Bhatt, learned Assistant Government Pleader for the respondents No. 2 and 3. In the group of these matters, identical issues are raised and similar prayers are prayed for and therefore all matters were taken up for hearing together. 2. By way of this petition, the petitioner has prayed for an appropriate writ, order or direction declaring the action of respondent, Gujarat Housing Board is arbitrary, malafide and without following due process of law. 3. Relying upon the decision of the Hon'ble Division Bench of this Court dated 08.10.2004 in Special Civil Application No. 8452 of 2004, it is also contended by the petitioners that the said order is not adhered to and actions are taken against the petitioners whereby they have been removed. 4. In response to the notice issued by this Court, the respondents have justified the action. 4. In response to the notice issued by this Court, the respondents have justified the action. Considering the contentions raised by the respondents in the affidavit, which are not controverted, it appears that the Housing Board has undertaken a project with huge investment and as contended in the affidavit-in-reply the petitioners are not allottees but were encroachers and therefore, the petitioners were put to notice as the petitioners did not accede to the notice, ultimately therefore, under Police protection the actions are taken. It is averred in the affidavit-in-reply that the Housing Board scheme is to develop the scheme to give benefit of housing to 192 persons as 192 houses are to be constructed by the Housing Board. It is ultimately public utility and the same is in public interest and therefore, the prayer which is prayed for in this petition does not deserve to be granted. 5. However, considering the fact that the petitioners have been removed by the authorities and according to Mr. Malkan, learned advocate appearing for the petitioners, the petitioners have been removed and do not have any house whatsoever, it would be open for the petitioners to approach the competent authority of the State Government more particularly, respondent No. 2 for any accommodation in any scheme of the Government if the petitioners possess the eligibility which may be considered on merits. It is however clarified that this Court has not expressed any opinion on eligibility or merits of such application. With the above observations, the petitions stand disposed of. Notice is discharged in each petition. No Costs. Copy of this order be kept in all the three petitions.” 5. This batch of petitions is also disposed of in the same terms as the order passed by the co-ordinate bench, dated 20/02/2017. It shall be open for all the petitioners herein to approach the competent authority with a prayer to provide appropriate accommodation in any scheme of the Government, if the petitioners are otherwise fulfilling the eligibility criteria in that regard. 6. With the above, all the petitions are disposed of. Direct service is permitted.