Gujarat High Court
Naushad Bhaljibhai Solanki vs Chief Officer, Municipality Patdi on 24 December, 2024
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/WPPIL/90/2022 ORDER DATED: 24/12/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/WRIT PETITION (PIL) (WRIT PETITION (PIL)) NO. 90 of 2022
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NAUSHAD BHALJIBHAI SOLANKI
Versus
CHIEF OFFICER, MUNICIPALITY PATDI & ORS.
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Appearance:
DWIJEN JOSHI(8518) for the Applicant(s) No. 1
MS HETAL PATLE, ASST.GOVERNMENT PLEADER for the Opponent(s)
No. 2,3,6,8
MR GAUTAM JOSHI, SR. ADV. with MR MAHARSHI PATEL, HL PATEL
ADVOCATES(2034) for the Opponent(s) No. 1
MR DM DEVNANI(5880) for the Opponent(s) No. 13
MR SHALIN MEHTA, SR. ADV. with MR HAMESH C NAIDU(5335) for the
Opponent(s) No. 10,11,12
MR P B KHAMBHOLJA(5730) for the Opponent(s) No. 10,12
NOTICE NOT RECD BACK for the Opponent(s) No. 14,9
NOTICE SERVED for the Opponent(s) No. 4,5,7
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 24/12/2024
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. Heard learned counsel for the parties and perused the record.
2. In the present petition filed in the year 2022 in the nature of Public Interest Litigation, a dispute has been raised with respect to the constructions raised by respondent Nos.10 to 12.
3. Mr. Gautam Joshi, learned Senior Advocate assisted by Mr. Maharshi Patel, learned advocate for the respondent Municipality (Patdi Nagarpalika). The submission of the Page 1 of 3 Uploaded by EZHURHASSAN SUDHIR ACHUTHAN(HC00192) on Thu Dec 26 2024 Downloaded on : Thu Dec 26 21:37:14 IST 2024 NEUTRAL CITATION C/WPPIL/90/2022 ORDER DATED: 24/12/2024 undefined learned Senior Counsel for the respondent Nagarpalika is that during the pendency of the present petition, the offending constructions have been removed and the existing constructions now fall within the zone of being legal constructions as per the construction plan sanctioned by the Nagarpalika. Some of the offending constructions which could be regularized under the Gujarat Regularization of Unauthorized Development Act, 2022 have been regularized by the competent authority.
4. The contention of the learned Senior Counsel appearing for the Nagarpalika and Mr. Shalin Mehta, learned Senior Advocate appearing for the respondents No.10 to 12 is that as on date, there is no construction on the spot which would offend any of the statutory provisions, the Town Planning Act, Town Planning and Urban Development Act or the Gujarat Municipalities Act. Mr. Shalin Mehta, learned Senior counsel for the respondents No.10 to 12 would further submit that the respondents are ready for adjudication by competent supervisory authority so as to bring the dispute to its logical end.
5. Taking note of the above submissions, noticing that the present petition is since of the year 2021 and much water has been flown, in the meantime, we do not find any good ground to keep the writ petition pending, wherein the sole issue has been raised with regard to the constructions, raised by the respondents no.10 to 12 Page 2 of 3 Uploaded by EZHURHASSAN SUDHIR ACHUTHAN(HC00192) on Thu Dec 26 2024 Downloaded on : Thu Dec 26 21:37:14 IST 2024 NEUTRAL CITATION C/WPPIL/90/2022 ORDER DATED: 24/12/2024 undefined allegedly unauthorized at the relevant point of time.
6. We, therefore, dispose of the present petition relegating the respondents No.10 to 12 to approach the Secretary, Urban Development and Urban Housing Department, who shall inquire into the correctness of the assertions made by the Nagarpalika and the respondents No.10 to 12 about the existing constructions being within the legal parameters. We leave it upon the Secretary, Urban Development and Urban Housing Department to authorize any officer to do the needful. In this exercise, the respondents No.10 to 12 and the representatives of the Nagarpalika shall participate. However, insofar as the petitioner is concerned, since he is the claimant, he is not permitted to participate in the proceedings. The decision taken by the Secretary, Urban Development and Urban Housing Department or, the competent officer authorised by him, however, shall be communicated to the petitioner for his information.
(SUNITA AGARWAL, CJ ) (PRANAV TRIVEDI,J) SUDHIR Page 3 of 3 Uploaded by EZHURHASSAN SUDHIR ACHUTHAN(HC00192) on Thu Dec 26 2024 Downloaded on : Thu Dec 26 21:37:14 IST 2024