The Times of India 18.08.2010
HC stays construction on Auda land
AHMEDABAD: Gujarat High Court on Monday stayed construction of extension of a temple along with a marriage hall in an Auda plot reserved for waterworks in Thaltej.
Acting on a PIL filed by one Gaurangsinh Chudasama objecting to construction activity, a division bench headed by Chief Justice SJ Mukhopadhaya ordered the authorities to stop construction. The high court had sought the civic body's reply in this regard.
According to the petitioner, the Ahmedabad Urban Development Authority (Auda) had reserved a plot in its Town Planning Scheme-1 and marked it as 51 for establishing facilities of water distribution near Thaltej.
In 1994, a small temple came to be constructed on this Auda plot, which was later in 1998 expanded into a 2,500-yard plot. The petitioner has claimed that the trustees of this temple raised funds and began construction of a marriage hall near the temple.
Earlier, residents of societies surrounding the temple were prosecuted for construction of this temple in a public plot, but the court acquitted them all when it came to court's notice that the temple was put up by some other people and residents were actually opposed to the construction.
However, the civic body did not take any action against the trustees looking after the small temple. When the high court sought reply, AMC has said that it had brought to notice of Auda for removal of construction and to stop encroaches, but it did nothing. In June this year, the municipal commissioner even sanctioned the proposal to remove the temple, and the drive was to take place after July 13 in wake of Rathyatra festival.
After Rathyatra festival, AMC wrote to police commissionerate to provide police force to the corporation employees when they go to remove unauthorised construction on Auda plot. AMC has also urged the police to restrict the trustees of the temple from putting up further construction and issued a notice to the trust to remove the construction.
However, Chudasama's lawyer contended that despite all communication that has taken place between the civic body and the police, the construction has not stopped. After hearing, the judges ordered a stay on construction activity going on the plot.
Further hearing on this PIL is kept on September 14.
