Gujarat High Court
Anuj Kanubhai Patel vs Baroda Municipal Corporation & on 19 April, 2016
Author: A.J.Desai
Bench: A.J.Desai
C/SCA/4375/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO.4375 of 2016
=========================================
ANUJ KANUBHAI PATEL....Petitioner
Versus
BARODA MUNICIPAL CORPORATION & 1....Respondents
=========================================
Appearance :
MR R R MARSHALL, SENIOR ADVOCATE ASSISTED BY MR ASHISH M DAGLI,
ADVOCATE for the Petitioner.
MR PRANAV G DESAI, ADVOCATE for the Respondent Nos.1-2.
MR B M MANGUKIYA, ADVOCATE for the Respondent No.3.
=========================================
CORAM : HONOURABLE MR.JUSTICE A.J.DESAI
Date : 19/04/2016
ORAL ORDER
1. Rule. Mr. Pranav G. Desai, learned advocate waives service of rule on behalf of respondent Nos.1 and 2 and Mr. B.M. Mangukiya, learned advocate waives service of rule for the newly added respondent No.3. With the consent of the parties, the matter is taken up for final disposal today itself.
2. I have heard learned advocates appearing for the respective parties. I have gone through the documents produced along with the petition and reply including the order dated 9.10.2015 passed by the coordinate Bench of this Court in Special Criminal Application No.5540 of 2014 as well as the final plot allotted to the petitioner in the Town Planning Scheme which is already sanctioned and has become final.
3. Mr. R. R. Marshall, learned Senior Counsel assisted by Mr. Ashish M. Dagli appearing for the petitioner would submit that the petitioner shall approach the Town Development Officer, Vadodara Mahanagar Seva Sadan who has issued the notice dated 23.2.2016 and shall produce all relevant documents with regard to the plot in question. He would further submit that the said Town Page 1 of 4 HC-NIC Page 1 of 4 Created On Fri Apr 22 01:25:08 IST 2016 C/SCA/4375/2016 ORDER Development Officer, Vadodara Mahanagar Seva Sadan be directed to decide the same in accordance with law in expeditious manner. He would further submit that till the decision is taken by Town Development Officer, Vadodara Mahanagar Seva Sadan, the notice dated 10.3.2016 issued under Section 267 of the Gujarat Provincial Municipal Corporation Act, 1949 (hereinafter referred to as 'the Corporation Act') may be quashed and set aside and the petitioner may be permitted to carry out the construction till the decision is taken by the Town Development Officer, Vadodara Mahanagar Seva Sadan and the same would be subject to the outcome of the decision that may be taken by the Town Development Officer, Vadodara Mahanagar Seva Sadan.
4. Mr. B.M. Mangukiya, learned advocate appearing for the newly joined respondent No.3 who is one of the resident of the Apartment constructed on adjoining plot and claiming that the plot in question was a common plot of Society has opposed the petition.
5. Having heard learned advocates appearing for the respective parties, I am of the opinion that the following order would meet the ends of justice :-
A) The petitioner shall respond to the notice dated 23.2.2016 by filing detailed reply/ representation and shall produce all relevant documents with regard to his claim over the disputed plot. The said reply/representation shall be submitted by the petitioner before the Town Development Officer, Vadodara Mahanagar Seva Sadan within a period of 4 days from the date of receipt of writ of this order.
B) The Town Development Officer, Vadodara Page 2 of 4 HC-NIC Page 2 of 4 Created On Fri Apr 22 01:25:08 IST 2016 C/SCA/4375/2016 ORDER Mahanagar Seva Sadan shall decide the said reply/representation of the petitioner in accordance with law within a period of 10 days from the date of receipt of the reply/representation from the petitioner after affording opportunity of hearing to all concerned.
C) The notice dated 10.3.2016 issued under Section 267 of the Corporation Act is hereby quashed and set aside. However, the construction which shall be carried out by the petitioner in future would be subject to the decision that may be taken by the Town Development Officer, Vadodara Mahanagar Seva Sadan upon the reply / representation of the petitioner.
D) It would be open for the Town Development Officer, Vadodara Mahanagar Seva Sadan to hear the objector before deciding the reply / representation of the petitioner.
E) If any adverse order is passed by the Town Development Officer, Vadodara Mahanagar Seva Sadan, the same shall not be implemented for a period of one week from the date of receipt of the decision to the petitioner.
6. With the above observations and directions, the present petition stands partly allowed. Rule is made absolute to the above extent. Direct service is permitted.
(A.J.DESAI, J.) Page 3 of 4 HC-NIC Page 3 of 4 Created On Fri Apr 22 01:25:08 IST 2016 C/SCA/4375/2016 ORDER Savariya Page 4 of 4 HC-NIC Page 4 of 4 Created On Fri Apr 22 01:25:08 IST 2016