Gujarat High Court
Pashupatinath Salt And Allied ... vs The Gandhidham Development Authority on 19 July, 2022
Author: A. S. Supehia
Bench: A.S. Supehia
C/SCA/13255/2022 ORDER DATED: 19/07/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13255 of 2022
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PASHUPATINATH SALT AND ALLIED INDUSTRIES
Versus
THE GANDHIDHAM DEVELOPMENT AUTHORITY
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Appearance:
MR AKSHAT C VIN(10740) for the Petitioner(s) No. 1
MR CJ VIN(978) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 19/07/2022
ORAL ORDER
1. The present writ petition has been filed seeking following prayer:-
"11A Your Lordships may be pleased to issue a writ of Mandamus or any other appropriate writ order or direction in the form of Mandamus or any other appropriate writ holding the order dated 04-06-2022 of the present opponent No.2 on Reference No.62 of 2011 produced at Annexure 'B' as illegal, made mechanically, without application of mind, without jurisdiction, arbitrary, colorable exercise of power and hence be quashed and set aside."
2. The petitioner is challenging the order dated 04.06.2022 passed by the respondent no.2.
3. At the outset, learned advocate Mr.C.J.Vin has submitted that Kidana Gram Panchayat got the authority in 2015-2016, whereas the show cause notice has been issued in the year 2010. It is submitted that accordingly the petitioner filed his reply to the show cause notice at page no.29 qua 25.05.2020 when the board of appeal called upon him. He has submitted that after construction was completed, the certificate dated 20.10.2009 was also issued by the Talati. He has submitted that the provisions of Section 11 of the Gandhidham (Development and Control on Erection of Buildings) Act, 1957 is not complied with. No further submissions are advanced.
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4. At this stage, it would be apposite to refer to the observations made by the respondent no.2 in the impugned order dated 04.06.2022, whereby the contention of the learned advocate for the petitioner has been recorded. The same is incorporated as under:-
"He also submitted that the owners/occupants are ready and willing to the needful for getting necessary permission and shall submit the lay out and building plans, approved by the authorised engineer to the applicant authority within one month from today and in turn the applicant authority may visit the actual site and if it finds that certain buildings can not be regularised or the lay out and building plans submitted by the owners/occupants are not as per the rules and regulations of the Gandhidham (Development and Control on Erection of Buildings) Act, 1957 (hereinafter referred as 'the Act') and Rules and Regulations made thereunder then the applicant authority may demolish such properties, by issuing the notice inter alia stating the reasons for demolition. He further submitted that if the applicant authority comes to the conclusion that some properties are required to be demolished, then 30 days time may be given to the owners/occupants to do the needful (4) It is not in dispute that the properties/building constructed on the land bearing No.155/1 of village Kidana Gram Panchayat are the industrial units and construction on of said industrail units were made in the year 2011-12, after taking necessary permission from the Kidana Gram Panchayat and it is also not in dispute that owners/occupants also obtained the Factory License from the concerned authority. It also appears from the record that the owners/occupants had also sought permission of the applicant authority but same has not be granted on the ground that the properties/building constructed on the land bearing No.155/1 of village Kidana Gram Panchayat do not fall within the jurisdiction of the applicant authority, as zoning of the was not done. It is also not in dispute that the zoning has been done only in the year 2015-16 and as such the applicant authority has got the authority to regulate the properties/building constructed on the land bearing No.155/1 only after 2015-16. Therefore, the interest of the justice would be served, if the owners/occupants are directed to obtain the necessary permission/sanction from the applicant authority and the owners/occupants shall submit the lay out and building plans, approved by the authorised engineer to the Page 2 of 4 Downloaded on : Fri Jul 22 20:14:59 IST 2022 C/SCA/13255/2022 ORDER DATED: 19/07/2022 applicant authority on or before 30/06.2022 and in turn the applicant authority shall visit the actual site and if it finds that certain buildings cannot be regularised or the lay out and building plans submitted by the owners/occupants are not as per the Rules and Regulations framed under the Act, then the applicant authority may demolish such properties, by issuing the notice inter alia stating the reasons for demolition. However, it is clarified that if the applicant authority comes to the conclusion that some properties are required to be demolished, then 30 days time may be given to the owners/occupants to do the needful and enable them to avail the appropriate legal remedies. It is also clarified that if the owners/occupants fail to submit the lay out and building plans, approved by the authorised engineer to the applicant authority on or before 30.06.2022, the applicant authority shall be at liberty to take necessary action for removal of the buildings mentioned in the show cause notice/s issued under the Act."
5. The very same order was challenged before this Court by filing Special Civil Application No.12820 of 2022. The same was withdrawn by the concerned petitioner and the matter was disposed of vide order dated 13.07.2022 by observing thus:-
"2. Under the circumstances, since the petitioner has decided to comply with the impugned order, in the fitness of things and in the interest of justice, the time limit specified in the order dated 04.06.2022 is extended till 31.07.2022. The petitioner shall comply with the order dated 04.06.2022 and accordingly, submit the layout and building plans approved by the authorized engineer to the appropriate authority on or before 31.07.2022."
6. Thus, the respondent no.2 has passed an order by placing reliance on the statement made by the present petitioner, who is the owner/occupants of the building/property bearing Survey No.155/1. It is not open for the petitioner to challenge the said order after a concession is given by him before the Board. The Board after keeping faith on the statement made before it has passed passed the order with an observation that the owners/applicants shall submit the lay out and building plans approved by the authorized engineer on or before 30.06.2022. The Page 3 of 4 Downloaded on : Fri Jul 22 20:14:59 IST 2022 C/SCA/13255/2022 ORDER DATED: 19/07/2022 petitioner was supposed to comply with these directions.
7. Thus, the present writ petition is ill-concieved and the same is rejected. The respondent no.1 is directed to take appropriate action in view of the order dated 04.06.2022.
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