Udhna Udhyognagar Sahakari Sangh Ltd vs Municipal Corpororation Of The City Of ... on 9 December, 2015

[Cites 3, Cited by 1]

Gujarat High Court

Udhna Udhyognagar Sahakari Sangh Ltd vs Municipal Corpororation Of The City Of ... on 9 December, 2015

Bench: R.M.Chhaya

                  C/SCA/16224/2015                                             ORDER



                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     SPECIAL CIVIL APPLICATION NO. 16224 of 2015
         ==========================================================
              UDHNA UDHYOGNAGAR SAHAKARI SANGH LTD....Petitioner(s)
                                      Versus
               MUNICIPAL CORPORORATION OF THE CITY OF SURAT &
                                2....Respondent(s)
         ==========================================================
         Appearance:
         MR ASPI M KAPADIA, ADVOCATE for the Petitioner(s) No. 1
         MR DHAVAL G NANAVATI, ADVOCATE for the Respondent(s) No. 1 - 3
         ==========================================================
                 CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA

                                     Date : 09/12/2015


                                      ORAL ORDER

1. Heard Mr.Aspi M. Kapadia, learned counsel for the petitioner and Mr.Dhaval G. Nanavati, learned counsel for the respondents.

2. By way of this petition under Article 226 of the Constitution of India, the petitioner has challenged the proceedings initiated by the respondent Corporation under Sections 210 to 216 of the Gujarat Provincial Municipal Corporations Act, 1949.

3. Learned counsel for the parties jointly suggested in order to see that the grievance of the petitioner is ventilated, the petitioner may be given an opportunity of being heard by the competent authority of the respondent Corporation. Even from the reply given by the respondent Corporation, it is not borne out that the petitioner has been heard by the respondent Corporation.

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4. Considering the fact that the property of the petitioner is affected by proposed road line, interest of justice would be served if the petitioner is given an opportunity of being heard by the respondent Corporation.

5. In light of the aforesaid, without expressing any opinion on merits, following directions are given:

(i) The petitioner shall file further reply/representation before the respondent Corporation latest by 15th December, 2015.

(ii) The respondent Corporation shall give opportunity of being heard to the petitioner or its representative and pass appropriate order latest by 28th December, 2015.

6. It goes without saying that if the order that may be passed by the competent authority of the respondent Corporation is adverse to the petitioner, it would be open for the petitioner to take appropriate recourse available under the law.

With these observations and directions, the petition stands disposed of. Notice is discharged. Direct Service is permitted today.

(R.M.CHHAYA, J.) Suchit Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu Dec 10 02:14:07 IST 2015

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