Shabridham Co-Operative Housing ... vs Surat Municipal Corporation on 29 April, 2019

[Cites 4, Cited by 2]

Gujarat High Court

Shabridham Co-Operative Housing ... vs Surat Municipal Corporation on 29 April, 2019

Bench: A.J.Desai

        C/SCA/10264/2016                                             ORDER



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CIVIL APPLICATION NO. 10264 of 2016

==========================================================
SHABRIDHAM CO-OPERATIVE HOUSING SERVICE SOCIETY LIMITED &
                         3 other(s)
                          Versus
         SURAT MUNICIPAL CORPORATION & 17 other(s)
==========================================================
Appearance:
MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1,2,3,4
MR. NISHIT P GANDHI(6946) for the Petitioner(s) No. 1,2,3,4
MR DHAVAL G NANAVATI(2578) for the Respondent(s) No. 1,2
MR VIRAL V DAVE(3846) for the Respondent(s) No.
10,11,12,13,14,15,16,17,18,3,4,5,6,7,8,9
==========================================================
 CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

                                 Date : 29/04/2019

                                     ORAL ORDER

1. Draft amendment is allowed. To be carried out forthwith.

2. By way of the present petition under Articles 14 , 19(1)(g), 21 and 226 of the Constitution of India, following prayers have been made by the petitioners:

[A] Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions quashing and setting aside the impugned raja chitthis as well as the revised sanctioned plans therewith sanctioned/ granted by the respondent corporation (at ANNEXUREF COLLY hereto) in Page 1 of 3 Downloaded on : Tue Jun 25 11:14:59 IST 2019 C/SCA/10264/2016 ORDER favour of the private respondents herein forthwith;

[b] During the pendency and final disposal of the present petition Your Lordships may be pleased to stay further operation, execution and implementation of the impugned raja chitthis as well as the revised sanctioned plans therewith sanctioned/ granted by the respondent Corporation in favour of the private respondents herein (at ANNEXUREF COLLY hereto) forthwith and further be pleased to direct the private respondents herein not to put up any construction as per the said raja chitthi over the plots in question;

[c] Pass any such other and/or further orders that may be thought just and proper in the facts and circumstances of the present case;

3. It appears that subsequent to filing of the present petition, respondent No.1- Surat Municipal Corporation by order dated 21/12/2016 has stayed the execution of "Raja Chitthi" granted under section 258 of the BPMC Act, in favour of the private respondents.

4. Mr.Viral Dave, learned advocate appearing for contesting respondents, stated that affected persons may challenge the decision of the Corporation before appropriate forum.

Page 2 of 3 Downloaded on : Tue Jun 25 11:14:59 IST 2019 C/SCA/10264/2016 ORDER

5. In view of the above, the present petition does not survive and is accordingly disposed of as not survive. Notice is discharged.

[A.J.DESAI,J.] *dipti Page 3 of 3 Downloaded on : Tue Jun 25 11:14:59 IST 2019

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Gujarat High Court