SCA/29828/2007 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 29828 of 2007 To SPECIAL CIVIL APPLICATION No. 29840 of 2007 With SPECIAL CIVIL APPLICATION No. 31104 of 2007 To SPECIAL CIVIL APPLICATION No. 31112 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI ========================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment? 2 To be referred to the Reporter or not? 3 Whether their Lordships wish to see the fair copy of the judgment? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder? 5 Whether it is to be circulated to the civil judge? ========================================= BASANTKUMAR ANTARYAMI JENA AND OTHERS Versus SURAT MUNICIPAL CORPORATION AND OTHERS ========================================= Appearance : MR KK TRIVEDI for the Petitioners MR PRASHANT G DESAI for Respondent No.1 MRS KP CALLA, ASSISTANT GOVERNMENT PLEADER for Respondent No.2 None for Respondent Nos.3 to 7 MRS KETTY A MEHTA for Respondent No.8 ========================================= CORAM : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI Date : 29/07/2008 SCA/29828/2007 2/4 JUDGMENT ORAL JUDGMENT 1. RULE. Learned advocate Mr.Prashant G.Desai waives service of Rule on behalf of respondent No.1. Mrs.Krina P.Calla, learned Assistant Government Pleader, waives service of Rule on behalf of respondent No.2. Learned advocate Mrs.Ketty A.Mehta waives service of Rule on behalf of respondent No.8. Looking to the controversy involved in the matter, the learned advocate for the petitioner submitted that the rest of the respondents are not the contesting respondents. 2. Heard the learned advocates for respective parties. 3. The present petition is filed challenging a communication dated 19.07.2007 addressed to the President/Secretary of Jagannath Nagar Cooperative Housing Society (proposed) by the Executive Engineer, Drainage Department, Surat Municipal Corporation. The contents of the letter are that, 'as there is a Court matter pending related to revenue survey No.121 of village Bamroli, on which the aforesaid Jagannath Nagar Cooperative Housing Society is situated, wherein the Surat Municipal Corporation is also joined as party, there is an opinion of a panel advocate that without obtaining consent of the land owner, no primary facilities/civic amenities can be granted by the Surat Municipal Corporation'. The letter finally states that, 'the work of laying down the drainage line in Jagannath Nagar Cooperative Housing Society cannot be undertaken'. SCA/29828/2007 3/4 JUDGMENT 4. Mr.Trivedi, learned advocate for the petitioners submitted that the petitioners are residing at the aforesaid place for last about more than 15 years. Mrs.Ketty Mehta, learned advocate for respondent No.8 controverts the statement. Be that as it may, the fact remains that there are number of persons who are residing at the aforesaid place, may be for last couple of years and not more than 15 years. The letter under challenge dated 19.07.2007 is untenable in law and the same is quashed and set aside. 5. Mrs.Kettty Mehta, learned advocate for respondent No.8 vehemently contended that the Corporation cannot undertake the work of laying down sewage line or providing civic amenities without the consent of the owner. It will be appropriate to note that when inquired from the learned advocate as to whether respondent No.8 has taken any steps to establish his ownership against the present petitioners, the answer is in negative. 5. At the request of Mrs.Ketty Mehta, learned advocate for respondent No.8, it is clarified that grant of any civic amenities will not tilt the balance in the matter of claim of the ownership by respondent No.8. At her request, it is further clarified that the work of laying down drainage line/providing civic amenities to the petitioners will be at their own costs and the owner of the land will SCA/29828/2007 4/4 JUDGMENT not be held responsible for the cost of such amenities being provided. 6. On the last occasion, Mr.Desai, learned advocate for respondent No.1 Corporation had apprised the Court that the work of laying down sewage line is to take about 3 months. The learned advocate submitted that the said work is not in progress on account of monsoon season. 7. Today, on instructions, learned advocate Mr.Desai states before this Court that as soon as the monsoon season is over, i.e. latest by 30.09.2008, the Corporation will undertake the work of laying down the sewage line and will complete the same as expeditiously as possible and preferably by 31.12.2008. It is once again reiterated that this order will not affect the ownership rights of either party in any manner. 8. The petitions are disposed of with the aforesaid directions. Rule is made absolute. No costs. (RAVI R.TRIPATHI, J.) *Shitole