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Gujarat High Court

Deepmala Bhuddhram Kuldeep vs Ahmedabad Municipal Corporation on 7 May, 2019

Author: A.J. Desai

Bench: A.J.Desai

         C/SCA/852/2019                                   ORDER



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 852 of 2019

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                   DEEPMALA BHUDDHRAM KULDEEP
                              Versus
                 AHMEDABAD MUNICIPAL CORPORATION
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Appearance:
MR JAY B TRIVEDI(7474) for the Petitioner(s) No. 1
MR DEEP D VYAS(3869) for the Respondent(s) No. 1
NOTICE SERVED BY DS(5) for the Respondent(s) No. 2,3
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 CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

                          Date : 07/05/2019
                            ORAL ORDER

[1.0] By way of present petition under Articles 14, 21 and 226 of the Constitution of India, following prayers have been made.

"(A) The Hon'ble Court be pleased to issue a writ of certiorari or writ in the nature of certiorari or any other appropriate writ, order or direction, quashing and setting aside the impugned notices / orders dated 27.12.2018 issued by the respondent No - Corporation at Annexure­A to the petition;

(B) The Hon'ble Court be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent­Corporation to consider the case of the petitioner for regularization of the construction made on the residential premises of the petitioner on payment of whatever reasonable impact fees / penalty / regularization fees that may be charged by the corporation;

(C) Pending final hearing and disposal of the petition, the Hon'ble Court be pleased to stay the execution, operation and implementation of impugned notices / orders dated 27.12.2018 issued by the respondent -

corporation at Annexure­A to the petition;"

[2.0] Learned advocate Mr. Trivedi appearing on behalf of the petitioner would submit that if any adverse order is passed by the Corporation on the representation of the petitioner that may be made by the petitioner, the petitioner himself would remove the illegal construction.

[3.0] Having heard learned advocate Mr. Trivedi appearing on behalf of the petitioner and Mr. Deep Vyas, learned advocate appearing on behalf of the Corporation and considering the oral order dated 23.10.2018 passed by the coordinate Bench of this Court in Special Civil Application No.7936/2018 and without going into the merits of the case, I am of the opinion that the following order would meet the ends of justice.

The petitioner shall approach the Corporation and shall comply with the directions issued in paragraph 4 of the order dated 23.10.2018 passed by the coordinate Bench of this Court in Special Civil Application No.7936/2018. The Corporation shall thereafter decide the case of the petitioner as early as possible. Till the decision is taken by the Corporation, the State Authorities are hereby directed to maintain status quo. If the decision is taken by the Corporation against the petitioner, the petitioner himself shall remove the illegal construction within 30 days from the date of such order of the Corporation.

[4.0] With above direction, petition is disposed of. It is hereby made clear that this Court has not gone into the merits of the case. Direct service is permitted.

(A.J. DESAI, J.) Ajay Page 2 of 2 Downloaded on : Sun Jun 30 17:26:22 IST 2019