1. Heard Mr. Amrish Pandya, ld. Advocate for the petitioners, Mr.Ronak Raval, ld. Advocate for respondent No.1, Mr.Dhaval G. Nanavati, ld. Advocate for the respondent No.2 and Mr.P.P.Majmudar, ld. Advocate for the respondent No.3.
2. By way of this petition under article 226 of the Constitution of India, the petitioner has prayed for a direction to respondent to remove illegal construction on the internal road of the society as well as encroachment of Town Planning Scheme, Bopal, Vadodara, within stipulated time.
3. The respondent No.3 in response to the notice issued by this Court, has filed an affidavit in reply and the petitioner has also filed a rejoinder to the same.
4. It is worthwhile to note that infact, by communication dated 15.05.2012, the petitioner has been informed by the Town Development Officer of respondent No.2-Corporation that on depositing an amount of Rs.20,000/-, the action shall be taken for demolition of the encroachments on the internal road of the society.
5. Considering the factual merits of the matter, this Court feels that interest of justice would be served, if the following directions are issued to respondent No.2.
That, the petitioner shall file an application stating the extent of alleged illegal encroachment upon the internal road as well as encroachment, if any, made by the respondent No.3 upon the road of Town Planning Scheme, Bopal as prayed for in the present petition within a period of 15 days from today.
On receipt of the said application respondent No.2, through its Town Development Officer shall, take appropriate decision upon the said application after hearing respondent No.3 in accordance with law and take appropriate action within a period of 12 weeks from the date of the application.
6. It is, however, made clear that this Court has not examined the matter on merits and the aforesaid directions are issued as even the principles of natural justice demands that the affected parties need to be heard and the authority is required to determine that whether there is any unauthorized construction or not, on its own merits, on the basis of the regulations that are applicable.
7. In view of the above, the present petition stands disposed of.
[R.M.CHHAYA, J.] Ankit*