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

The Gujarat High Court has made it clear that it cannot issue a direction simply on a plea for demolition, not describing the particular area which is allegedly under encroachment.

Single bench of Justice Nirzar S. Desai dismissed a writ petition seeking demolition of alleged illegal encroachment in Gujarat Housing Board in Chandkhela area of Ahmedabad. It observed,

“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 Court said petitioners had not specified as to which specific illegal encroachment they want to get removed and that despite repeated query from the Court, they could not point out as to how they are aggrieved and which illegal construction affects them.

Court said if the petitioners preferred the petition as aggrieved persons, it was expected from them to specify a particular encroachment for which they sought demolition. "Considering the wider prayer of demolition made by the petitioners, it is open for the petitioners to file PIL with the same prayer,” it added.