Gujarat High Court
Handloom And Handicrafts Corporation ... vs Shelter Enterprise Company Pvt. Ltd. & 2 on 7 August, 2014
Author: R.D.Kothari
Bench: R.D.Kothari
C/CA/6118/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR ORDERS) NO. 6118 of 2014
In SPECIAL CIVIL APPLICATION NO. 7501 of 2014
With
SPECIAL CIVIL APPLICATION NO. 7501 of 2014
=================================================
HANDLOOM AND HANDICRAFTS CORPORATION LIMITED....Applicant(s)
Versus
SHELTER ENTERPRISE COMPANY PVT. LTD. & 2....Respondent(s)
=================================================
Appearance:
MS JIRGA D JHAVERI, ADVOCATE for the Applicant No. 1
MR SATYAM Y CHHAYA, ADVOCATE for the Respondent No. 2
MRS SANGEETA N PAHWA, ADVOCATE for the Respondent No. 1
NOTICE SERVED BY DS for the Respondents No. 1 - 3
=================================================
CORAM: HONOURABLE MR.JUSTICE R.D.KOTHARI
Date : 07/08/2014
ORAL ORDER
1. These matters were on board yesterday and at the request of learned advocate Ms.Jirga D.Jhaveri for the applicant the matters were kept back. As the matters could not be taken up yesterday as learned advocate for applicant was busy in other Court. At the joint request, the matters are kept today.
2. Learned advocate appearing on behalf of respondent No.1 places on record affidavit-in-reply of respondent No.1 in the main matter. Affidavit along with the letter written by respondent No.1 to petitioner and the photographs are ordered to be taken on record.
3. Yesterday learned advocate Mr.Satyam Y.Chhaya appearing for the Ahmedabad Municipal Corporation - respondent No.2 places on record of the letter of the Structural Engineer as well as the letter of the Ahmedabad Municipal Corporation.
Page 1 of 3 C/CA/6118/2014 ORDER
4. Heard learned advocate Ms.Jirga D.Jhaveri for the applicant. Referring to the communication addressed to the opponent learned advocate for the applicant has submitted that further demolition should not be permitted as original petitioner has carried out the demolition in violation of the order of this Court. He submitted that debris is not removed and there is also problem of water logging. It was submitted that POP has fallen and/or damaged. The attention of this Court has been drawn to the photographs produced along with the affidavit.
5. Learned advocate Ms.Jhaveri for the applicant has submitted that stay further demolition shall be granted.
6. Considering the affidavit, record and submission made by learned advocate Ms.Jhaveri the following directions are issued; 6.1. No further demolition shall be carried out without removing the debris collected. After removal of the debris and according to the instructions of Structural Engineer, who has consented to supervise the demolition work, further demolition be carried out. The photographs produced shows that water has entered into the Showroom. Therefore, it is hoped that further execution of the work will be carried out after removing water logging inside the room and according to the instructions of the Structural Engineer. Learned Page 2 of 3 C/CA/6118/2014 ORDER advocate Mr.Chhaya after taking instructions from his client has assured the Court that Ahmedabad Municipal Corporation would supervise and monitor the demolition work, Structural Engineer and the authorities would mainly take care of two aspects namely no undue disturbance or harassment cause to the appellant/tenant and the safety aspects.
6.2. In the letter addressed by the Deputy Estate Officer, Ahmedabad Municipal Corporation to the learned advocate Mr.Chhaya, it is stated that Structure Engineer Mr.Shaleshbhai Khandwala has agreed to undertake the supervision of further demolition and has claimed Rs.50,000/- towards the fees. Learned advocate for the petitioner upon instructions submits that the petitioner is agreeable to pay the fees to the expert amounting Rs.50,000/- per month. Make the payment directly to the expert and receipt thereof shall be produced to this Court.
(R.D.KOTHARI, J.) dharmendra Page 3 of 3