The Gujarat High Court dismissed a Public Interest Litigation (PIL) highlighting the illegal and unauthorised encroachment of lakhs of square meters of land valued at crores of rupees on public roads (11 in number).
It is stated in the petition that several office orders have been passed by the Collector with respect to removal of unauthorized construction on the aforesaid public road, but they have not been implemented. The representations made by the petitioners are not being duly attended by the competent authority.
The prayer in the petition is to issue a writ in the nature of mandamus commanding the respondent authorities to ensure compliance, enforcement and implementation of the orders as well as notice issued by the competent authority . Further prayer is to issue directions to the respondent authorities to remove illegal encroachment on total 11 public roads .
Having noted all the above, on a pointed query made by the Division Bench of Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee, the counsel for the petitioners is not in a position to answer as to under whose jurisdiction the roads in question fall.
Moreover, the persons against whom the notices have been issued or the proceedings had been undertaken in view of the orders passed therein are not before the Court . “Vague assertion made in the writ petition to seek a mandamus that all such orders be implemented, therefore, cannot be entertained”, the Bench said.
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