Gujarat High Court
Jasbirsingh Didaarsingh Whala vs State Of Gujarat on 4 August, 2021
Author: Sangeeta K. Vishen
Bench: Sangeeta K. Vishen
C/SCA/10684/2021 ORDER DATED: 04/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10684 of 2021
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JASBIRSINGH DIDAARSINGH WHALA
Versus
STATE OF GUJARAT
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Appearance:
MR JAMSHED KAVINA(11236) for the Petitioner(s) No. 1
MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3,4
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the
Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
Date : 04/08/2021
ORAL ORDER
1. Mr. Jamshed Kavina, learned advocate for the petitioner submitted that the Vadodara Municipal Corporation (hereinafter referred to as 'the Corporation') has issued a notice dated 28.5.2021, requiring the petitioner to stop the usage of the property in question and to inform the Corporation about the same, failing which, the Corporation would apply the seal over the property.
2. It is further submitted that the time provided was 7 days and on 17.6.2021, the Corporation, in defiance of the time period provided in sub-section (1) of Section 36 of the Gujarat Town Planning and Urban Development Act, 1976, has applied the seal, which action of the respondent-Corporation is in violation of the said provisions, so also the common oral judgment of this Court in the case of Govindbhai Mavjibhai Patel vs. State of Gujarat rendered in Special Civil Application No.19319 of 2017 and allied matters.
3. Having regard to the submissions made by the learned advocate for the petitioner, issue notice, returnable on 25.8.2021.
4. Direct service is permitted.
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