- (1.) With the consent of learned advocates for the parties, this petition is taken up for final disposal today.
(2.) This writ petition in the nature of public interest litigation has been filed by the petitioner espousing a public cause with a prayer to give appropriate direction to the respondent - authorities to demolish the unauthorized construction/shops constructed by the respondent - Nagar Palika in Janta Bag and direct the concerned respondent to plant trees and plants in the said area of Janta Bag.
(3.) Heard learned advocate Mr.Brijesh Trivedi for the petitioner, learned advocate Mr.Premal Joshi for respondent no.6 -Dhoraji Nagar Palika and learned AGP Mr.Jayswal for the respondent -State authorities. Though served, respondent no.8 has not filed appearance. 3.1. Learned advocate Mr.Trivedi appearing for the petitioner mainly submitted that the petitioner is a social worker and ex -Municipal Councilor of Dhoraji Nagar Palika and has been espousing public causes and grievances as and when necessary. Learned advocate further submitted that the land was given on lease on token rent by Maharaja Bhagwatsinhji who was the then ruler of princely State of Gondal in Saurashtra to the respondent -Dhoraji Nagar Palika for the purpose of making a garden for public in the year 1950. Since long there is a garden known as Jantabag. The respondent -Nagar Palika issued advertisement on 4.5.2015 in the concerned newspaper inviting bids for construction of shops in Janta Bag under Swarnim Jayanti Mukhyamantri Shaheri Vikas Yojana. The bids were received and thereafter opened. The said work was decided to be awarded to the respondent no.8 as per the resolution passed by the Executive Committee of respondent no.6, subject to approval of general body. Thereafter, the contract was entered into between respondent nos,6,7 and 8 on 4.6.2015 and the work order dated 4.6.2015 was also issued in favour of respondent no.8. That the said contractor has started the construction on the land of Janta Bag i.e. the garden unauthorizedly and the said construction is not over and therefore when illegal construction is started by the respondent -Nagar Palika itself, the petitioner has filed the present petition for restraining the respondent -Nagar Palika from carrying out the further construction and for demolition of such illegal construction in the garden. Learned advocate Mr.Trivedi has referred to the photographs produced at page nos.41 and 42 of the compilation and submitted that the appropriate direction be issued to the respondent no.6 for demolition of illegal construction. 3.2. Learned advocate Mr.Trivedi has placed reliance upon the decision rendered by the Hon'ble Supreme Court in the case of M.I.Builders Pvt.Ltd. V/s Radhey Shyam Sahu and others, reported in AIR 1999 SC 2468. ;