Gujarat High Court
Nevil Pramodbhai Patel vs State Of Gujarat on 18 November, 2025
NEUTRAL CITATION
C/SCA/15059/2025 ORDER DATED: 18/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15059 of 2025
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NEVIL PRAMODBHAI PATEL & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS KRUTI SHAH, LD.ADVOCATE FOR MR JAY N SHAH(10668) for the
Petitioner(s) No. 1
MS SUMAN MOTLA, LD.ASSTT. GOVERNMENT PLEADER for the
Respondent(s) No.1
MR KAUSHAL D PANDYA(2905) for the Respondent(s) No. 2,3,4
MR MITUL K SHELAT(2419) for the Respondent(s) No. 5
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CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 18/11/2025
ORAL ORDER
1. This petition is filed with the following prayers:
"(A) admit and allow this petition;
(B) issue appropriate writ, order or direction for quashing and
setting aside the notice dated 29.09.2025 (Annexure-A hereto) issued by the Executive Engineer, North Zone (Katargam), Surat Municipal Corporation and further be pleased to direct Respondent corporation to place on record the quotes given by (1) Gujarat Engineering Research Institute (GERI), (ii) Design Circle, Gandhinagar, R & B Department and (iii) M. S. University;
(C) issue appropriate writ, order or direction to respondent university i.e. Respondent No.5 to produce on record details of Structural Stability Reports/Certificates issued in the past by the university and the quotes given for such reports/ certificates.
(D) issue appropriate writ, order or direction to respondent municipal authorities and the respondent university or any other university or authority to carry out the Structural Stability Reports of Adinath Apartment, situated at Final Plot No.127 paiki in Final T.P. Scheme No.18 (Katargam), Revenue Survey No.529p, situated Page 1 of 5 Uploaded by DIPTI PATEL(HC00191) on Wed Nov 19 2025 Downloaded on : Thu Nov 20 22:36:36 IST 2025 NEUTRAL CITATION C/SCA/15059/2025 ORDER DATED: 18/11/2025 undefined in Katargam at reasonable fee deem fit to the Hon'ble Court as the present quote given is exorbitant and arbitrary;
(E) pending admission hearing and final disposal of this petition, direct the respondents not to seal and/or demolish any part of the Building Nos.1, 2, 4 and 5 of Adinath Apartment, situated at Final Plot No.127 paiki in Final T.P. Scheme No.18 (Katargam), Revenue Survey No.529p, situated in Katargam and direct them not to take any further coercive action in respect of the said buildings;
(F) Grant such other and further relief/s as thought fit in the interest of justice."
2. Learned advocate Ms.Kruti Shah for the petitioners submitted that issue involved in this petition concerns earlier order of this Court dated 06.08.2025 in Special Civil Application No.11087 of 2025. In Special Civil Application No.11087 of 2025, Notices dated 01.04.2025 issued by respondent-Corporation were challenged seeking to quash and set aside the same. Vide Notices dated 01.04.2025, the petitioners were directed to vacate their premises on account of its dilapidated condition. Thus, after considering the submissions of learned advocates appearing for the respective parties, an order dated 06.08.2025 was passed, wherein the petitioners were directed to carry out fresh Structure Stability Report of the premises in question. i.e. Building Nos.1, 2, 4 and 5 of Adinath Apartment, situated at Final Plot No.127 paiki in Final Town Planning Scheme No.18 (Katargam), Revenue Survey No.529p, Surat, from the Government Page 2 of 5 Uploaded by DIPTI PATEL(HC00191) on Wed Nov 19 2025 Downloaded on : Thu Nov 20 22:36:36 IST 2025 NEUTRAL CITATION C/SCA/15059/2025 ORDER DATED: 18/11/2025 undefined Approved Institutions. Accordingly, with the consent of learned advocate for the petitioners herein, M.S. University of Vadodara was chosen to carry out Structure Stability Report at the instance of the petitioners and statement to that effect was made by learned advocate Ms.Kruti Shah. Such directions were issued considering the objections raised by learned advocate Ms.Kruti Shah on behalf of the petitioners that the petitioners disbelieve the Structure Stability Report of SVNIT; though SVNIT was referred in the Notice issued under the Gujarat Provincial Municipal Corporations Act.
3. Learned advocate for the petitioners submitted that pursuant to order of this Court dated 06.08.2025 in Special Civil Application No.11087 of 2025, communication dated 29.09.2025 (Annexure "A") is received by the petitioners whereby, the petitioners were directed to deposit cheque/ Demand Draft of an amount of Rs.14,16,000/- within a period of seven days. The amount being very huge, this petition is filed by the petitioners' seeking permission of this Court to carry out Structure Stability Report of the premises in question from SVNIT, as referred earlier.
4. Learned advocate for the petitioners upon query raised, under the instruction of her clients, submitted that she has no Page 3 of 5 Uploaded by DIPTI PATEL(HC00191) on Wed Nov 19 2025 Downloaded on : Thu Nov 20 22:36:36 IST 2025 NEUTRAL CITATION C/SCA/15059/2025 ORDER DATED: 18/11/2025 undefined objection if fresh Structure Stability Report is done by SVNIT, Surat. She further submitted that the petitioners were ready to approach SVNIT, Surat within a period of one week from today and thereafter let the Structure Stability Report be prepared upon inspection by SVNIT within 15 days thereafter.
5. On the other hand it was submitted by learned advocate Mr.Kaushal Pandya for respondent-corporation that because the petitioners failed to produce Structure Stability Report as directed, one more Notice dated 18.11.2025 was served through affixture. Further, earlier order directing report to be carried out by M.S.University was passed by consent of the petitioners. Therefore, now this petition may not be entertained because it will delay the action if any to be taken by respondent-corporation.
6. Considering the submissions, following directions are issued:
(i) It is open for the petitioners to approach SVNIT, Surat with their proposal for carrying out fresh Structure Stability Report for Building Nos.1, 2, 4 & 5 of Adinath Apartment, situated at Final Plot No.127 paiki in Final Town Planning Scheme No.18 (Katargam), Revenue Page 4 of 5 Uploaded by DIPTI PATEL(HC00191) on Wed Nov 19 2025 Downloaded on : Thu Nov 20 22:36:36 IST 2025 NEUTRAL CITATION C/SCA/15059/2025 ORDER DATED: 18/11/2025 undefined Survey No.529p, Surat, within a period of one week from the date of receipt of this order.
(ii) Once petitioners made appropriate applications/ requisition to SVNIT, they will pursue to get Structure Stability Report at the earliest but not beyond 15 days from the date their application received by SVNIT.
(iii) Once Structure Stability Report is prepared by SVNIT and made available to the petitioners, the same shall be submitted to the Corporation. Structure Stability Report prepared by SVNIT shall be treated as final and petitioners shall trust and believe the same. It is not now open for the petitioners to disbelieve such Structure Stability Report of SVNIT.
7. With the above directions the petition is disposed of. Direct service is permitted.
(MAUNA M. BHATT,J) DIPTI PATEL...
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