C/WPPIL/78/2024 ORDER DATED: 02/05/2025
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/WRIT PETITION (PIL) (WRIT PETITION (PIL)) NO. 78 of 2024
==================================================
RAJESH YADAV
Versus
AHMEDABAD URBAN DEVELOPMENT AUTHORITY & ORS.
==================================================
Appearance:
MR YATIN OZA SR. ADVOCATE with ADITYA A GUPTA(7875) for the Applicant(s)
No. 1
G H VIRK(7392) with GURSHARAN H VIRK and MS SIMRANJT H VIRK for the
Opponent(s) No. 2
MR GURSHARAN VIRK GOVERNMENT PLEADER with MS DHARITRI
PANCHOLI ASSISTANT GOVERNMENT PLEADER for the Opponent(s) No. 4,7
MR DHAVAL G NANAVATI(2578) for the Opponent(s) No. 1
MR PARV S GUPTA(11850) for the Opponent(s) No. 2,3,5,6
MR SIMRANJITSINGH H VIRK(11607) for the Opponent(s) No. 2
==================================================
CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 02/05/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
Heard Mr. Yatin Oza, learned Senior Counsel assisted by Mr.
Aditya A. Gupta, learned advocate for the petitioner and Mr. G.H.
Virk, learned advocate appearing for the Ahmedabad Municipal
Corporation.
2. The present petition has been filed by a person named, Rajesh
Yadav, resident of ‘Chaurasia Estate” Opp. Manipur Bus Stop, Bopal-
Sanand Road, Manipur Village, Ahmedabad who claims to be a
citizen of India and is in the business of real estate brokerage. The
Page 1 of 5
C/WPPIL/78/2024 ORDER DATED: 02/05/2025
present Public Interest Litigation has been filed with the following
prayers :-
“12(A) Your Lordships be pleased to issue an appropriate writ,
order or direction to the concerned authorities, respondent
authorities including the police, local municipal authorities,
town planning office and other estate authorities, to take
immediate action for the removal and demolition of all illegal
encroachments within a period of 4 weeks, including pan
parlors, tea stalls, dhaba, unauthorized temples, bore-wells
and any other encroachments situated on the public
property/public streets, and roads from all areas of Ahmedabad
within the limits of Ahmedabad Municipal Corporation
(“AMC”) as well as Ahmedabad Urban Development Authority
(AUDA), as th Hon’ble Court may determine upon adjudication
of the petition in the interest of justice;
(B) Your Lordships be pleased to direct the respondents to
ensure that public property/public premises/public roads and
streets are restored to their original estate as if no
encroachments have taken place and that the public pathway
and government road are kept free from obstructions and
encroachments to facilitate pedestrian and vehicular
movement, in the interest of justice;
(C ) Your Lordships be pleased to issue appropriate directions
to the respondents to forthwith take appropriate action and
steps for identification, demolition and removal of illegal
encroachments from all public properties, public roads, public
streets and other public areas of Ahmedabad within the limits
of AMC as well as AUDA, as the Hon’ble Court may deem fit
pending admission, hearing and final disposal of this petition;
(D) Your Lordships be pleased to grant such other and further
reliefs as may be deemed fit and proper are deemed fit, in the
interest of justice;”
3. The writ petition is sought to be couched in a manner that the
petitioner is a public spirited citizen and is deeply motivated by the
cause of the public. But when we have carefully gone through the
Page 2 of 5
C/WPPIL/78/2024 ORDER DATED: 02/05/2025
statements made in the writ petition specifically in paragraphs ‘4.1.’,
‘4.2’, ’4.3.’, ‘4.6’ and statement made at page ‘21’ in ground item no.
(l), we find that the petitioner is raising his personal grievance and
the grievance of his friend known as Anil Chaurasia who is stated to
be owner of the Chaurasia estate. The statement made in the above
noted paragraphs are relevant to be extracted hereunder :-
“4.1. The Petitioner states that the Petitioner regularly visits his
close friend Anil Chaurasia who resides at "Chaurasia Estate",
Opp Manipur Bus Stop, Bopal- Sanand Road, Manipur Village,
Ahmedabad 382150. It is stated that since the past few years the
Petitioner has noticed rising number of illegal encroachments on
the public road adjoining the Manipur Railway Underpass
opposite Sanskardham School, Bopal-Sanand Road, Manipur,
Ahmedabad, 380058 as well as other areas of Ahmedabad. The
encroachers have set up pan parlors, tea stalls, and unauthorized
religious structures (temples) on public property, thereby
creating a nuisance and obstructing the free movement of
pedestrians and vehicles. The encroachment poses safety
hazards for the general public, including residents and
commuters.
4.2. It is submitted that the road leading to the residence of
the Chaurasia family has become increasingly difficult to
navigate due to illegal encroachments on the public street. These
encroachments pose a significant hindrance to the public and the
residents in the vicinity.
4.3. It is submitted that the apathy on the part of the Respondent
is borne out of the Petitioner's discussion with Chaurasia family.
It was learnt that the son of Anil Chourasia, Akash Chourasia,
had actively sought for redressal by filing several complaints
with the concerned authorities, urging them to remove the
encroachment from the public property. Despite these
complaints, no effective action has been taken to address the
situation, leading to the encroachment's continual expansion.
When the Petitioner inquired from them as to whether they have
approached the Hon'ble High Court against such inaction, they
stated that they fear of retaliation from the encroachers, who are
dangerous people and capable of causing harm. It is stated that
the same phenomenon applies to the entire area of Ahmedabad
Page 3 of 5
C/WPPIL/78/2024 ORDER DATED: 02/05/2025
within the Amits of AUDA and AMC wherein illegal
encroachments are thriving but no action is being taken inspite
of repeated complaints made by citizens.
4.6. It is submitted that for instance, the case of Chaurasia
family is stated hereinafter as an illustration to show how illegal
encroachments are taking place all over Ahmedabad without any
action being taken by the authorities. It is stated that earlier
there was an 18 meter road at Manipur Railway Underpass
opposite Sanskardham School, Bopal-Sanand Road, Manipur,
Ahmedabad, 380058. Thereafter, T.P. Scheme No. 429 (Godhavi-
Manipur) was sanctioned and an underpass i.e. Manipur Railway
Underpass was constructed in 2020. The underpass that has
been constructed is of approximately 10 meters. The remaining 8
meters government road is now a kuchha road, as the
constructor of the underpass has failed to make pukka road. A
copy of the sanction plan of T.P. Scheme No. 429 (Godhavi-
Manipur) showing the road and the vicinity areas is annexed
herewith and marked as Annexure-A.
4. Taking note of the fact that the petitioner is raising dispute
with respect to the alleged encroachment made by certain persons
near the property owned by certain private persons, on the premise
of the encroachments being on the public road, we are of the
considered view that the present petition which has been filed in the
nature of Public Interest Litigation cannot be said to be guided by
public interest or espousing the cause of general public. In any case,
for any specific issue pertaining to inconvenience cause to private
person for any encroachment near or around his property, he can
always make a representation to the Corporation. In any case, for
selective grievances of private persons, the forum of Public Interest
Litigation cannot be used.
Page 4 of 5
C/WPPIL/78/2024 ORDER DATED: 02/05/2025
5. In view of the above, we dismiss the present writ petition filed
by Mr. Rajesh Yadav who is a businessman engaged in the business
of real estate brokerage as misconceived.
(SUNITA AGARWAL, CJ )
(PRANAV TRIVEDI,J)
phalguni
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: PHALGUNI VISHRAMBHAI PATEL(HC00175), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 08/05/2025 11:10:13
Page 5 of 5
