Gujarat High Court
Mamtaben Rajeshbhai Parwani vs Vadodara Municipal Corporation on 11 February, 2025
NEUTRAL CITATION
C/SCA/16092/2024 ORDER DATED: 11/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16092 of 2024
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MAMTABEN RAJESHBHAI PARWANI & ANR.
Versus
VADODARA MUNICIPAL CORPORATION & ANR.
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Appearance:
MR SALIL M THAKORE(5821) for the Petitioner(s) No. 1,2
MR SP MAJMUDAR(3456) for the Respondent(s) No. 2
NANAVATI & CO.(7105) for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 11/02/2025
ORAL ORDER
1. This petition is filed seeking following reliefs: -
"A) That the Hon'ble Court be pleased to issue a writ, order or direction quashing and setting aside communication / order dated 11.11.2024 issued by Vadodara Municipal Corporation (Annexure A) and be pleased to restrain the Vadodara Municipal Corporation / its offers from taking any coercive action against the petitioners;
B) That pending the hearing and final disposal fo this petition, the Hon'ble Court be pleased to stay the operation, implementation and execution of notice dated 11.11.2024 issued by Vadodara Municipal Corporation (Annexure A) and restrain the Vadodara Municipal Corporation / its offers from Page 1 of 4 Uploaded by SHRIJIT PILLAI(HC01400) on Wed Feb 12 2025 Downloaded on : Wed Feb 12 22:37:23 IST 2025 NEUTRAL CITATION C/SCA/16092/2024 ORDER DATED: 11/02/2025 undefined taking any coercive action against the petitioners;
C) For ad-interim reliefs in terms of prayer (B) above;"
2. It is case of the petitioners that notice dated 11.11.2024, issued under Section 260 (1) of the Gujarat Provincial Municipal Corporations Act, 1949 (for short 'the GPMC Act, 1949') directing removal of unauthorized construction, is unjust. Further, in the notice dated 11.11.2024, in the event of non-removal of unauthorized construction, action under Section 260(2) of the GPMC Act, 1949 has been indicated. Learned advocate Mr. Salil Thakore for the petitioner pointed out that pursuant to notice dated 11.11.2024, action has been initiated and unauthorized construction has been removed/demolished.
3. Learned advocate for the petitioner further submitted that since the action pursuant to notice dated 11.11.2024 has been initiated and if respondent- Vadodara Municipal Corporation is directed to act in accordance in law, his grievance would not survive. Therefore, appropriate directions may be issued to Vadodara Municipal Corporation.
4. on other hand, learned advocate Mr. Maulik Nanavati for respondent No. 1- corporation made following submissions: -
4.1 Vadodara Municipal Corporation has started and shall complete the work of demolishing all such construction which is standing outside the plot boundary i.e. outside City Survey No, 120, FP No. 120, Town Planning Scheme No. 5, Ward 7, Page 2 of 4 Uploaded by SHRIJIT PILLAI(HC01400) on Wed Feb 12 2025 Downloaded on : Wed Feb 12 22:37:23 IST 2025 NEUTRAL CITATION C/SCA/16092/2024 ORDER DATED: 11/02/2025 undefined Vadodara. Such demolition work has been initiated after giving due notice and is being performed strictly in accordance with law.
4.2 In so far as construction which is found to be illegal and such as cannot be regularized under provisions of the Gujarat Regularization of Unauthorized Development Act, 2022, notice shall be given to the private parties identifying and demarcating such illegal construction which needs to be removed. In the event of failure on part of private parties to remove the illegal construction or construction which cannot be regularised, the same shall be removed by the Corporation after following due process of law.
4.3 Corporation is not concerned with demarcation of individual share of co-owners within the private land (i.e. within City Survey No. 120, FP No. 120, Town Planning Scheme No. 5, Ward 7, Vadodara) and shall not involve itself with the said issue, which otherwise needs to be resolved by and between the private parties. The Corporation shall not take any action in relation thereto.
5. Learned advocate Mr. S. P. Majmudar appeared for respondent No. 2 and submitted that there is dispute with regard to handing over possession of Final Plot by Municipal Corporation to him. Therefore, for his grievance he may be permitted to approach the authorities of Municipal Corporation in accordance with law.
6. Noticing the submissions made by learned advocates for Page 3 of 4 Uploaded by SHRIJIT PILLAI(HC01400) on Wed Feb 12 2025 Downloaded on : Wed Feb 12 22:37:23 IST 2025 NEUTRAL CITATION C/SCA/16092/2024 ORDER DATED: 11/02/2025 undefined Vadodara Municipal Corporation, the grievance of the petitioners would not survive and the petition is therefore deserved to be disposed of accordingly. In relation to submission made by learned advocate for respondent No. 2 (private respondent), it is noticed that no prejudice would cause to any parties, if respondent No. 2 is permitted to raise his grievance before the authorities of Municipal Corporation in accordance with law.
7. In view of above facts, the present petition is disposed of accordingly.
(MAUNA M. BHATT,J) SHRIJIT PILLAI Page 4 of 4 Uploaded by SHRIJIT PILLAI(HC01400) on Wed Feb 12 2025 Downloaded on : Wed Feb 12 22:37:23 IST 2025