- (1.)By way of this petition, these petitioners have invoked extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India for seeking the following reliefs :-
"7(A) Your Lordships may be pleased to issue a writ of mandamus and/or any other writ, order or direction in the nature of writ of mandamus directing the respondents to consider the detailed representation of the petitioners and take prompt and necessary action following the claim made by the petitioners as regards compensation, rehabilitation, provisions of alternative work place and other prayers made in the representation.

(B) Your Lordships may be pleased to issue a writ of mandamus and/or any other writ, order or direction in the nature of writ of mandamus directing the respondents to constitute an independent committee including the representative of the affected persons (citizens) as members of the committee to decide and redress the grievance of the petitioners.

(C ) Pending admission, hearing and final disposal of the present petition, the Hon'ble Court may be pleased to direct the respondents to submit the report as to what action is being taken by the respondents pursuant to the representation made by the petitioners.

(D ) To pass such other and further order as deemed fit in the facts and circumstances of the case."

(2.)It is the case of the petitioners that the petitioners are dealing in different types of business respectively and since about 40 years they are carrying on their earning activity from the premises which are situated at Shahpur area, Ahmedabad, and Metro Rail Track is passing through the road called Shahpur main road and the shops of the petitioners are located at this road. On account of the work of Metro Rail Track as well as junction, a construction is being put at the said place and for that purpose, excavation work to the extent of approximately 30 meters deep and 100 feet broad is being done with heavy machines and drillers practically the work is going on at night. According to the petitioners, this work has created tremendous pollution and the vehicle fumes are damaging the health of the shop occupies and the visitors as well. On account of this work being undertaken in the area, business of the petitioners have been considerably reduced almost to the extent of 30-40% as the customers on account of this disruption in the smooth road are not inclined to visit the shops.
2.1. It is the case of the petitioners that in addition to the shops, even petrol pump which is being run by one Mr. Shrenik Jhaveri, the same is also unable to do the business since heavy transport vehicle in the form of tempo/truck is not possible to be moved freely, and business of Mr. Shernik Jhaveri has been badly affected. By giving example about individual petitioners, precisely, petitioner no. 12 and petitioner no. 14 and thereafter submitted that large quantity of dust has polluted the entire area which has practically become impossible for the petitioners to carry on the business. By projecting these hardships, for a pretty long period of two years, the petitioners have made a written representations before the authority including the personal visit to the authorities on 26/12/2018 at Karmayogi Bhavan at Gandhinagar and pointed out the hardships and some of the petitioners who are present were told by the officers concerned that there are no specific rules or law which may provide for any compensation or the alternative work or any sort of rehabilitation since the work is not at the place where the petitioners are situated. It is further the case of the petitioners that this work of excavation, drilling and construction of Metro Rail and its station though has tremendously adversely affected, but the authority has chosen not to consider the case of the petitioners and except just sending the details to one NGO named as SAATH. It is further the case of the petitioners that practically at every authority level the petitioners have represented, but having not considered the grievance in any form, left with no other remedy, the petitioners have approached this Court by way of present petition for the reliefs which are prayed for in the petition.

(3.)Pursuant to the notice having been issued on 7/5/2019, the pleadings have been completed in the proceedings and it has come up for consideration before this Court on 24/6/2021 and on that day, upon request of both the sides, the matter was taken up for hearing. The petitioners have been represented by learned advocate Mr. Jigar S. Gadhavi, whereas learned Senior Advocate Mr. Kamal Trivedi assisted by Mr. Anuj Trivedi, learned advocate appears for respondent nos. 2 and 3.