Gujarat High Court
Katiya Haidarali Aahmadbhai & 2 vs State Of Gujarat & 7....Opponent(S) on 23 March, 2016
Author: Akil Kureshi
Bench: Akil Kureshi, Z.K.Saiyed
C/WPPIL/150/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
WRIT PETITION (PIL) NO. 150 of 2013
================================================================
KATIYA HAIDARALI AAHMADBHAI & 2....Applicant(s)
Versus
STATE OF GUJARAT & 7....Opponent(s)
================================================================
Appearance:
MR KIRIT R PATEL, ADVOCATE for the Applicant(s) No. 1 - 3
MS JIRGA JHAVERI, AGP for the Opponent(s) No. 1 - 3
MR DEEPAK P SANCHELA, ADVOCATE for the Opponent(s) No. 4
MR PJ KANABAR, ADVOCATE for the Opponent(s) No. 5 - 8
MR. BHAUMIK DHOLARIYA, ADVOCATE for the Opponent(s) No. 5 - 8
NOTICE SERVED for the Opponent(s) No. 1 - 3
================================================================
CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE Z.K.SAIYED
Date : 23/03/2016
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI) The petitioners have taken up cause of unauthorized construction put up by the private respondents in lands bearing city survey Nos.5294, 4235 and 4193 of Vankaner town of Rajkot district. In the petition, prime grievance of the petitioner is that such construction is without any permission from the Vankaner Municipality and is put up in such a way that it causes hindrance to the persons residing in the locality. During the course of proceedings, it has come on record Page 1 of 2 HC-NIC Page 1 of 2 Created On Thu Mar 24 02:58:10 IST 2016 C/WPPIL/150/2013 ORDER that previously such construction was carried out without proper permissions. However, the Municipality has filed statements pointing out that the occupants had applied for regularization of such construction under GRUDA and upon payment of impact fee, the same has also been regularized. We notice that in case of one of the commercial buildings, construction beyond what was permissible limit put up by extending the existing building, which portion admittedly, the Municipality has pulled down. Under the circumstances, no further prayer can be granted. This writ PIL is therefore dismissed.
(AKIL KURESHI, J.) (Z.K.SAIYED, J.) SHITOLE Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu Mar 24 02:58:10 IST 2016