Gujarat High Court: Can’t Entertain Plea For Demolition Unless It Specifies Particular Area Of Encroachment

The Gujarat High Court in the case Rajveer Pravinchandra Upadhyay & 4 Ors. v. State of Gujarat & 3 Ors observed and has made it clear that this court cannot issue a direction simply on a plea for demolition, wherein the court did not describe the particular area which is allegedly under encroachment.
The Single judge bench headed by Justice Nirzar S. Desai in the case observed and has dismissed a writ plea wherein seeking demolition of alleged illegal encroachment in Gujarat Housing Board in Chandkhela area of Ahmedabad.
The bench observed that unless there being a specific particular illegal encroachment, the said court would not be in a position for issuing any direction either to Gujarat Housing Board or to Ahmedabad Municipal Corporation.
It has also been stated by the court that it has not been specified by the petitioner as to which specific illegal encroachment they want to get removed and that despite repeated query from the Court, the said court could not point out as to how they are aggrieved and which illegal construction affects them.
It has also been stated by the court that if the petitioners preferred the petition as aggrieved person, the same is being expected from them to specify a particular encroachment for which they sought demolition. The court while considering the wider prayer of demolition made by the petitioners, it being open for the petitioners to file PIL with the same prayer.
Accordingly, the court dismissed the
petition.