Somaiya Sheamus Laxmanbhai vs State Of Gujarat
2021 Latest Caselaw 1674 Guj

         C/WPPIL/26/2021                                     ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/WRIT PETITION (PIL) NO. 26 of 2021
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               SOMAIYA SHEAMUS LAXMANBHAI
                            Versus
                     STATE OF GUJARAT
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Appearance:
MR AADITYA D BHATT(8580) for the Applicant(s) No. 1
MS CHANDNI S JOSHI(9490) for the Applicant(s) No. 1
MR HS MUNSHAW for the Opponent(s) No. 2
MS SHRUTI PATHAK, AGP for the Opponent(s) No. 1
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 CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM
        NATH
        and
        HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

                           Date : 04/02/2021

                            ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)

1 We have heard Mr. Aadiya Bhatt, learned

counsel for the petitioner, Ms. Shruti Pathak, learned

Assistant Government Pleader for the State respondent

No.1 and Mr. H.S.Munshaw, learned counsel for the

respondent No.2 - Rajkot Municipal Corporation.

2 By means of this petition under Article 226 of

the Constitution of India framed as Public Interest

Litigation, the petitioner - Somaiya Sheamus Laxmanbhai

C/WPPIL/26/2021 ORDER

has prayed for appropriate directions being issued

commanding the respondents not to remove the statute of

Dr. Babasaheb Ambedkar from a place worshiped as

Buddhist Monastery at Survey No.123/P, Final Plot

No.288 in Final Town Planning Scheme Nana Mava 5,

Village Nana Mava, Taluka and District Rajkot situate on

Kalavad Road, Nr. Prem Mandir, Rajkot and other

ancillary reliefs are also prayed.

3 The basis for setting up this claim is that the

said plot although allotted to Rajkot Municipal

Corporation for redevelopment, at some time certain slum

dwellers developed their set up, a monastery and also a

statue of Dr. Babasaheb Ambedkar. According to Mr.

Bhatt, learned counsel for the petitioner, the said land is

being used by these persons since last 30 to 35 years. It

is thus submitted that the action of the respondents in all

of a sudden attempting to remove the monastery as also

the statue of Dr. Babasaheb Ambedkar, without any

notice is patently illegal and unwarranted.

        C/WPPIL/26/2021                                   ORDER



4          On the other hand, Ms. Shruti Pathak, learned

Assistant Government Pleader, has placed before us a

copy of the judgment dated 31.07.2018 passed in Letters

Patent Appeal No.675 of 2018, which according to her

related to the same plot and a similar plea has also been

raised there regarding the statue of Dr. Babasaheb

Ambedkar being sought to be removed. It is further

mentioned in paragraphs 11, 12 and 13 of the said

judgment that the Court has considered all the aspects

and concession agreement-part A-development

agreement was executed on 14.05.2015 and the

Government Resolution dated 18.07.2013, which provided

for development of apartments for slum dwellers under

the Gujarat Slum Rehabilitation Policy-PPP-2013. The

Division Bench had also recorded that the Kachha

constructions had been removed on 23.03.2016 and on

the date when the order was passed, the alleged slum

dwellers even were not in possession. In any case, the

cause for which the land was to be utilized was a laudable

one and for the betterment and upliftment of the slum

dwellers by providing them pacca construction with all

C/WPPIL/26/2021 ORDER

basic amenities.

5 Mr. H.S.Munshaw, learned counsel appearing

for the Rajkot Municipal Corporation, confirmed that the

plot in question which belong to the Rajkot Municipal

Corporation was to be used for redevelopment and

construction of apartments, out of which 85 were to be

allotted to the slum dwellers under the Scheme referred

to above. He further submits that there was never any

monastery over the land in question. However, one statue

of Dr. Babasaheb Ambedkar was there which has since

been shifted to Buddha Vihar, which is situated at Kankot

Road, Rajkot. He further submits that the developer has

already paid part of the consideration to the Corporation

amounting to more than Rs.20 crores and the balance is

to be paid in due course. He further submits that this

petition is a malafide petition based for ulterior motives.

On one hand the Corporation is trying to provide better

facilities to slum dwellers and on the other hand this

petition has been filed by some unscrupulous persons,

who stalled the development.

           C/WPPIL/26/2021                                ORDER




6             In view of the above, we do not find any merit

in this petition to be entertained as Public Interest

Litigation. Even otherwise, it is without any merit.

Accordingly, this petition is dismissed.

(VIKRAM NATH, CJ)

(ASHUTOSH J. SHASTRI, J) P. SUBRAHMANYAM