The Gujarat High Court dismissed a petition filed seeking a direction to the respondents to remove or demolish illegal encroachment in Gujarat Housing Board, Chandkheda, Ahmedabad.
On perusal of the petition, a single-judge bench of Justice Nirzar S. Desai found that the petitioners have not specified as to which illegal encroachment the petitioners want to get removed.
Despite repeated query from the Court, Jay R. Shah, the advocate for the petitioner, could not point out as to how the petitioners are aggrieved and which illegal construction affects the petitioners.
The Court noted that without even specifying the area of encroachment, the aforesaid very wide prayer is made.
“Unless the petition specifies particular illegal encroachment, the Court would not be in a position to issue any direction either to Gujarat Housing Board or to Ahmedabad Municipal Corporation,” the High Court clarified.
Further, the petitioner’s locus considering the prayer is questionable. If the petitioners are preferring this petition as aggrieved persons, in that case, it was expected from the petitioners to specify a particular encroachment for which the petitioners are seeking demolition. Considering the wider prayer of demolition made by the petitioners, it is open for the petitioners to file PIL with the same prayer, observed the High Court.