(Per :
HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA) A public interest litigation in S.C.A No. 10488/2008 has been preferred for compliance of directions of this Court in the cases of Consumer Protection Council vs. Ahmedabad Municipal Corporation [2000 (3) GLR 2607]; Suo Motu vs. Ahmedabad Municipal Corporation & Ors. [2006 (2) GLR 1129]; Sharda Sahakari Gruh Mandali Limited & Ors. vs. Ahmedabad Municipal Corporation & Ors. [2006 (2) GLR 1765] and other orders.
In fact, the inaction on the part of the respondents may call for institution of contempt proceedings. The judgments having not complied with, the authorities ought to have filed petition for grant of time but having not done so for years together, the present petition was preferred. This Court on number of occasions expressed its dissatisfaction with regard to inaction on the part of the respondents but inspite of time allowed on different occasions and its extension, no compliance have been shown till date. In this background, the Court intends to know the reason for non-compliance of the Court's order. The respondents must inform as to why no action has been taken against the multi-storeyed buildings, hotels, malls, clubs, commercial establishments, etc., who do not fulfill the condition, in light of the orders and directions issued by this Court from time to time.
Learned counsel appearing on behalf of the Corporation was not in a position to give satisfactory reply. Learned Advocate General informed that the high officials of the State will take up the matter with the Commissioner, Ahmedabad Municipal Corporation and decide the ways and means to implement the Court's direction in its letter and spirit.
In the circumstances, we allow respondents time till 18/11/2010 to ensure substantial compliance of the Court's orders.
The Principal Secretary, Department of Urban Development & Urban Housing, State of Gujarat; Commissioner of Municipal Corporation of Ahmedabad; Chairman, Ahmedabad Urban Development Corporation and the Commissioner of Police, Ahmedabad City, will hold meetings, provide a time limit to remove encroachments and for compliance of orders passed by this Court from time to time.
The Chief Secretary of the State will ensure compliance of Court's orders.
Post the matter on 18th November 2010 at 2:30 p.m. Let a copy of this order be handed over to learned Advocate General; Mr. S.N Shelat, Sr. Advocate appearing for the Ahmedabad Municipal Corporation, for information of the concerned officers.
{S.J Mukhopadhaya, CJ.} {Anant S. Dave, J.} Prakash* Top