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Gujarat High Court

Shivnagar Co-Operative Housing ... vs State Of Gujarat on 19 April, 2023

     C/SCA/3598/2023                                  ORDER DATED: 19/04/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 3598 of 2023
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          SHIVNAGAR CO-OPERATIVE HOUSING SOCIETY LTD.
                             Versus
                       STATE OF GUJARAT
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Appearance:
MR HENIL M SHAH(10677) for the Petitioner(s) No. 1
for the Respondent(s) No. 2
MR JAY TRIVEDI, AGP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                               Date : 19/04/2023

                                 ORAL ORDER

Leave to add Collector as party respondent is granted. The same shall be carried out forthwith.

1. This matter was listed for hearing on 18 th April, 2023 and was adjourned to today so as to enable learned Assistant Government Pleader to take instructions in the matter.

2. Today, when the matter was called out, learned Assistant Government Pleader Mr.Jay Trivedi could not dispute the fact that the order impugned dated 23 rd December, 2022 is passed without giving opportunity of hearing to the petitioner. However, at the same time, it has been pointed out by learned Assistant Government Pleader that as such under the Town Planning Act, more particularly under Section 6(B), the competent appellate authority is the concerned Collector and thereby appeal should have been filed by the petitioner before the Collector.

C/SCA/3598/2023 ORDER DATED: 19/04/2023

3. Upon such statement, learned advocate Mr.Henil Shah for the petitioner sought permission to withdraw the present petition with liberty to approach the Collector under the provisions of Section 6(B) of the Town Planning Act challenging, inter alia, order dated 29th October, 2015 passed by the Chief Officer, Halol Nagarpalika.

3.1 Mr.Shah has further pointed out to this Court that immediately the petitioner has approached Director, Municipalities by way of Appeal on 23 rd December, 2015. However, thereafter the authority has done nothing and straightway, after a period of almost seven years, passed order dated 23rd December, 2022 disposing of the Appeal/ Revision of the petitioner for want of jurisdiction.

3.2 In furtherance of the aforesaid, Mr.Shah has submitted that the concerned authority i.e. Collector, may also be directed that upon his approaching by way of Appeal/ Revision, the same may not be rejected on the ground of delay.

4. Request appears to be reasonable. Let the petitioner file appropriate Appeal/Revision before the competent authority i.e. Collector under Section 6(B) of the Town Planning Act along with application for condonation of delay.

5. Needless to state that authority shall decide the delay condonation application keeping in mind the fact that Appeal preferred by the petitioner before the wrong forum Page 2 of 3 Downloaded on : Fri Apr 21 20:40:32 IST 2023 C/SCA/3598/2023 ORDER DATED: 19/04/2023 was pending for eight years.

6. With the above directions and observations, the present petition is disposed of without going into the merits of the case.

(NIRAL R. MEHTA,J) ANUP Page 3 of 3 Downloaded on : Fri Apr 21 20:40:32 IST 2023