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Janki Nathubhai Chhara and anr. Vs. Sardarnagar Municipality, Sardar and Anrs. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtGujarat High Court
Decided On
Judge
Reported inAIR1986Guj49
ActsConstitution of India - Articles 14 and 226; Code of Civil Procedure (CPC), 1908 - Order 23, Rule 3
AppellantJanki Nathubhai Chhara and anr.
RespondentSardarnagar Municipality, Sardar and Anrs.
Respondent Advocate T.L. Khubchandani, Adv. and; D.K. Trivedi, A.P.P.
Excerpt:
- - we are happy that now the story comes to an end by the government and the sardarnagar municipality agreeing before us as to the arrangement for financing the sardarnagar municipality to execute the scheme for underground drainage and sewerage in chharanagar area......addressed to this court has achieved the result by reason of the sardarnagar municipality and the state government adopting reasonable postures.2. when two persons belonging to the chhara community living in chharanagar on the outskirts of the ahmedabad city wrote to us describing absence of underground drainage in chharanagar area which is part of sardarnagar municipality an amenity extended to other areas of the municipality, we took notice of it and by our order dated 18th october, 1984 directed the sardarnagar municipality, pending the return of the notice to the state, to make immediate arrangement by way of drainage of surface water in the chharanagar area by any appropriate means and report to this court the action taken by the 12th of november, 1984. this interim relief was.....
Judgment:

P.S. Poti, C.J.

1. We place on record our appreciation of the attitude of the Government in this case in co-operating with the Sardarnagar Municipality to extend the much needed relief to the residents of Chharanagar area. A litigation started in the interests of such residents by a petition by two of the residents addressed to this Court has achieved the result by reason of the Sardarnagar Municipality and the State Government adopting reasonable postures.

2. When two persons belonging to the Chhara community living in Chharanagar on the outskirts of the Ahmedabad city wrote to us describing absence of underground drainage in Chharanagar area which is part of Sardarnagar Municipality an amenity extended to other areas of the Municipality, we took notice of it and by our order dated 18th October, 1984 directed the Sardarnagar Municipality, pending the return of the notice to the State, to make immediate arrangement by way of drainage of surface water in the Chharanagar area by any appropriate means and report to this Court the action taken by the 12th of November, 1984. This interim relief was called for as an emergent measure because of the situation in the Chharanagar area. The Sardarnagar Municipality carried out the work of drainage of the surface water and thus granted the temporary relief directed by us. But we were concerned not merely with temporary relief. The Sardarnagar Municipality, which appeared before us through counsel freely conceded that unless the project for development of this part of Municipal area, namely Chharanagar was attended to immediately the situation during monsoon will become critical resulting perhaps in loss of life arid certainly in a likelihood of epidemics that would affect not only the Sardarnagar Municipal area including Chharanagar area but perhaps the entire Ahmedabad Municipal Corporation area. Our attention was drawn to a scheme worked out by the Municipality which involved an investment of Rs. 8/- lakhs. That would enable a permanent arrangement for underground drainage of water from the area being implemented. The Municipality pointed out the situation which according to it, necessitated direction to the State Government to back up the scheme by providing the funds and particularly pointed out how funds payable to Sardarnagar Municipality earmarked for such purposes were in the hands of the Government. These were the funds realised by sale of lands placed in the possession of the State Government by the Central Government for the express purpose of enabling the proceeds thereof being utilised for the improvement of the Sardarnagar Municipality. Thereupon we issued notice to the State Government. We persuaded the State Government to provide the necessary funds to the Sardarnagar Municipality. Though originally the proposal was to give a loan the Sardarnagar Municipality was not willing to commit itself to paying interest on such loan and therefore we again attempted to persuade the parties to have a fresh look at the matter. We are happy that now the story comes to an end by the Government and the Sardarnagar Municipality agreeing before us as to the arrangement for financing the Sardarnagar Municipality to execute the scheme for underground drainage and sewerage in Chharanagar area. The residents of the Chharanagar area belong to the lowest strata in the society and it was therefore their complaint that their voice was not being heard at all. During the monsoon the area becomes submerged, apart from the fact that even at normal times the residents of the Chharanagar area have to live in filthy and unhygienic surroundings. The situation can be redeemed only by a permanent arrangement for underground sewerage. It is agreed that the cost of such work would be Rs. 7,58,000/-. It is further agreed that this cost will be met by the Government by providing such funds to the Sardarnagar Municipality. 45% will be provided by the Revenue Department forthwith while 55% will be provided by the Department of Health immediately on execution of the project. On receipt of the 45% the Sardarnagar Municipality will take a loan for meeting the commitment of 55% to be reimbursed to them immediately by the Department of Health. Such immediate reimbursement is agreed before us by the Government counsel Shri Trivedi We also expect the Water Supply and Sewerage Board to undertake the work and execute the work as an emergency measure so as to avoid the recurring situation of the last monsoon in the current monsoon. We do believe that the residents of Chharanagar area will now be, considerably benefited by the helping hand extended by the Government. We make it clear that the temporary scheme costing about Rs. 1,20,000/- referred to in our order dated 19th November, 1984 need not in any way stand in the way of the regular scheme for drainage and sewerage being implemented.

3. In view of the settlement reached between the parties this litigation comes to an end and we treat it as closed. Notice discharged.

4. Order accordingly.


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