1. This petition, under Article 226 of the Constitution of India, has been filed, with the following prayers :-
"A. That this Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction to Ahmedabad Municipal Corporation to construct the Ren Basera scheme at the place where it initally started their work instead of infornt of the gate of Devnandan Flats under the Chanakyapuri Overbridge.
B. That this Hon'ble Court may be pleased to direct the Ahmedabad Municipal Corporation to stop their work by the stay in this matter of a construction of Renbasera infront of the gate of Devnandan Flats under the Chanakyapuri Overbridge.
C. That this Hon'ble Court may be pleased to make such further orders and give such other directions as the nature and circumstances of the case may require."
2. The case of the petitioner is that the petitioner is a resident of Devnandan Flats, where more than 250 families are residing. The said flats are situated near the Municipal Overbridge, known as "Chanakyapuri Overbridge". The grievance of the petitioner is that a shelter for homeless persons known as "Ren Basera", is being constructed by the Ahmedabad Municipal Corporation, in front of the gate of Devnandan Flats. According to the petitioner, the original site for construction of the "Ren Basera" was on the corner of the bridge, but for some reason or the other, the site has been shifted, and now the construction is being carried out in front of the Society, about 20 to 25 ft. away from the main gate. According to the petitioner, he has made a representation to the Commissioner, Ahmedabad Municipal Commissioner on 18.02.2012, to which there is no reply.
3. Mr.Hardik D. Brahmbhatt, learned advocate for the petitioner, submits that there is a vacant place at the corner of the society, whether the "Ren Basera" can be constructed. The respondent-Corporation had originally started work at that place. However, now, the work has been shifted to a spot that is very close to the main gate of the society causing inconvenience to the petitioner and other residents. It is submitted by the learned advocate for the petitioner that the interest of justice would be met, if the Commissioner, Ahmedabad Municipal Corporation, is directed to consider and decide the representation dated 18.02.2012 of the petitioner, within a stipulated period of time.
4. Upon the above statement being made by the learned advocate for the petitioner, the following order is passed:
The Commissioner, Ahmedabad Municipal Corporation (respondent No.1) is directed to consider and decide the representation made by the petitioner on 18.02.2012, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
5. The petition is disposed of, in the above terms, without entering into the merits of the case.
Direct Service of this order, is permitted.
(Smt.
Abhilasha Kumari, J.) rakesh/ Top