Gujarat High Court
Lakhani Mohammed Ashfaq vs Ahmedabad Municipal Commissioner on 21 October, 2022
C/SCA/21749/2022 ORDER DATED: 21/10/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 21749 of 2022
==========================================================
LAKHANI MOHAMMED ASHFAQ
Versus
AHMEDABAD MUNICIPAL COMMISSIONER
==========================================================
Appearance:
A R KADRI(7330) for the Petitioner(s) No. 1,2,3,4,5
for the Respondent(s) No. 1,2,3,4,5,6
MS JYOTI BHATT, AGP for the Respondent(s) No. 7
==========================================================
CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 21/10/2022
ORAL ORDER
1. Draft amendment is allowed. Amendment to be carried out forthwith.
2. This petition is filed for following reliefs:
"8(a) YOUR LORDSHIP may be pleased to issue writ of mandamus or writ of certiorari or a writ in the nature of certiorari or any other appropriate writ order or direction may kindly be issued and be pleased to direct the respondent no.1 and 2 to strictly comply with the provisions of GPMC Act, 1949, taking care of all the rights of the petitioner, and the respondent no.1 and 2 may kindly be directed to remove the illegal construction carried out by the Page 1 of 3 Downloaded on : Fri Oct 21 21:24:45 IST 2022 C/SCA/21749/2022 ORDER DATED: 21/10/2022 respondent No.6 on the common terrace of Park Elegant Apartment constructed on the land bearing Final Plot No.850/2/b & 850/2/c, in TP Scheme No.3/6 (Varied) at Moje, Kochrab, Ellisbridge, Ahmedabad West, in the interest of justice.
(b)YOUR LORDSHIPS may be pleased pending hearing, admission and final disposal of the petition, direct respondent no.6 to immediately stopped the construction started by respondent no.6 on the common terrace of Park Elegant Apartment constructed on the land bearing Final Plot No.850/2/b & 850/2/c, in TP Scheme No.3/6 (Varied) at Moje, Kochrab, Ellisbridge, Ahmedabad West, in the interest of justice.
(c) xxx"
3. Heard learned advocate for the petitioners.
4. After going through the petition, averments made in the petition as well as the documents annexed with the petition, it transpires that respondent no.6 is putting up the construction on the common terrace and the petitioners have already approached the respondent authority with a representation, copy of which is annexed at page no.13 of this petition. It is expected that the Page 2 of 3 Downloaded on : Fri Oct 21 21:24:45 IST 2022 C/SCA/21749/2022 ORDER DATED: 21/10/2022 respondent corporation authority is required to take necessary action in accordance with law.
5. Therefore, this Court is of the opinion that it will be appropriate to dispose off this petition with a direction to the respondent authority to consider the representation made by the petitioners, annexed at page no.13 of the petition, in its true spirit and in accordance with law, as expeditiously as possible, preferably, within a period of six weeks from today. It is also expected that the respondent-authority shall take necessary action, if required, in accordance with law. Direct service is permitted.
(SANDEEP N. BHATT,J) SRILATHA Page 3 of 3 Downloaded on : Fri Oct 21 21:24:45 IST 2022