Manubhai Raichandbhai Shah vs Nadiad Municipal Corporation on 30 September, 2019

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Gujarat High Court

Manubhai Raichandbhai Shah vs Nadiad Municipal Corporation on 30 September, 2019

Bench: J.B.Pardiwala

               C/LPA/1314/2016                            ORDER



              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/LETTERS PATENT APPEAL NO. 1314 of 2016
                                    In
                R/SPECIAL CIVIL APPLICATION NO. 9370 of 2001

==============================================================================

MANUBHAI RAICHANDBHAI SHAH Versus NADIAD MUNICIPAL CORPORATION & 4 other(s) ============================================================================== Appearance:

MR JF MEHTA for the Appellant(s)No. 1

GOVERNMENTPLEADER for the Respondent(s)No. 3,4 MR MEHUL SHARAD SHAH for the Respondent(s)No. 1 NOTICE SERVED BY DS for the Respondent(s)No. 2 UNSERVED EXPIRED for the Respondent(s)No. 5 ============================================================================== CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA and HONOURABLE MR.JUSTICE VIRESHKUMAR B. MAYANI Date: 30/09/2019 ORALORDER (PER: HONOURABLEMR.JUSTICEJ.B.PARDIWALA) It is brought to our notice that an offshoot of this litigation is in the form of a Second Appeal No.214 of 2013, pending as on date before this Court. It has been ordered to be admitted on the following two substantial questions of law :

"(I) Whether the Trial Court was justified in decreeing the suit declaring the construction of three bungalows by the defendants as illegal ?

(II) Whether the Courts below erred in not considering the contention of the defendants that by deeming provision the building plants submitted by the defendants in absence of its rejection would amount to deemed permission ?"

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It is not in dispute that the Nadiad Municipal Corporation has been successful in obtaining a decree from the civil court for the purpose of demolition of the offending construction put up on the land in question. The first appeal preferred by the appellant herein has also been dismissed and that is how the second appeal is pending before this Court.

The decree passed by the civil court orders the appellant herein to demolish the construction. Today, the dispute appears to be with regard to 400 and odd sq.meters of land which the Corporation wants the appellant to hand it over. The construction was put up way back in the year 1984. This litigation is going on past almost three decades.

We are of the view that it needs to be given a quietus. We have suggested to Mr.Shah, the learned counsel appearing for the Corporation, to speak to his client, whether the Corporation is agreeable for some settlement. In other words, our suggestion to Mr.Dave, the learned senior counsel appearing for the appellant, is that the construction may be regularized. At the same time, the open plot of land admeasuring 400 and odd sq.meters shall be handed over to the Corporation for public purpose in accordance with the Town Planning scheme.

If this proposal put forward by us is accepted by both the sides, not only the present litigation can be brought to an end, but even the second appeal can be put to an end.

It shall be open for the learned counsel appearing for the parties to take appropriate steps in accordance with the rules of Page 2 of 3 Downloaded on : Wed Oct 02 22:33:55 IST 2019 C/LPA/1314/2016 ORDER this High Court for getting the Second Appeal also placed along with this particular Letters Patent Appeal.

Post it on 21st October 2019.

(J. B. PARDIWALA, J.) (VIRESHKUMAR B. MAYANI, J.) /MOINUDDIN Page 3 of 3 Downloaded on : Wed Oct 02 22:33:55 IST 2019

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