Calling its actions an “overreach” and “disregard” for legal proceedings, the Gujarat High Court Tuesday admonished the Godhra Municipality in Panchmahal for issuing a work order to construct a fire station on a contentious graveyard regarding which a writ petition is sub-judice. It directed the civic body’s Chief Officer to be present before the court on August 13 to show cause as to why the HC should not issue a suo motu contempt notice in the matter.
The matter pertains to City Survey Number 477 of Godhra, which is ‘prima facie’ a land being used as a graveyard (qabrastan) from the early 1990s. The HC had, in its order dated March 20, 2023, directed a survey by the District Inspector of Land Records (DILR) to file a report along with the measurement map of the land.
In its report, the DILR had stated that several graves had been found on the land during the measurements undertaken, the court observed. However, on March 3, 2024, the Chief Officer of the Godhra Municipality issued a work order to construct a fire station on the contentious land.
Objecting to the decision, the court of Justice Nikhil S Kariel rebuked the Godhra Municipality for “showing disregard” and “considering itself higher than the court”. The court also questioned the Godhra Municipality counsel on why the “officer of the state” had disregarded the sub-judice status of the case.
“To this court, it would appear that the respondent (Chief Officer) has not given any due regard to the fact that a writ petition (WP) on the said land was in pending consideration of this court… As the Chief Officer of the municipality, more particularly as the officer of the state, (the officer) was required to stay his hands and not precipitate the issue any further…as an officer of the state, (the CO) was under the obligation to ensure that due process of law is not derailed by the action of the said respondent by issuing work order… It prima facie appears that (CO) had no regard whatsoever for the WP pending before this court… (CO) was doing nothing but overreaching the due process of law,” the court stated.
When counsel KP Champaneria, on behalf of the municipality, argued that the said land was allotted by the district collector as part of the construction of 32 fire stations at district-levels, the High Court issued instructions to government pleader Aakash Gupta to file a reply as to why the state government could not “allot any other land” in Godhra for the purpose of construction of the fire station.
“Why this land and no other land? The municipality shall explain as to why pursuant to the measurement of the land by the DILR, the land should not be treated as a graveyard land… The state shall also take instructions on the above aspects, more particularly, if the land is to be treated as a graveyard land, then some other land should be allotted to the municipality for building a fire station,” the court directed, barring any “further construction activity” on the contentious land until the next hearing.
The court also termed the Chief Officer’s action “undefendable”. “When a petition is pending, why should your municipality pass a resolution? Authorities of the state have no business to say that there was no interim relief (granted to the petitioner by the court) and so, we are not bound (to respect the sub-judice status)… You (municipality) should have come to the court to say that we are in urgent need for the land and we are alloting the same for this purpose and informing the court so that we are not held in contempt,” the court noted.
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