Indian Kanoon - Search engine for Indian Law

(C ) that any just and proper order may be passed"

HC-NIC Page 1 of 5 Created On Fri Oct 16 00:20:34 IST 2015 R/SCR.A/5540/2014 ORDER

2. It appears from the materials on record that the petitioner herein wants to put up the construction of a residential complex on a land bearing Survey No. 150 situated in village Akota, now Final Plot No.296 in Final Town Planing Scheme No.22 at Vadodara. It appears that there are in all ten plots with the necessary N.A. permission. The petitioner herein wants to put up the construction on plot No.8. The applicants of Criminal Misc. Application No.4224 of 2015 who wants to be impleaded in the main petition are residing on the plots adjoining to plot No.8. Their objection is that plot No.8 is a common plot and, therefore, the petitioner has no right to put up any construction on the common plot. The petitioner had to file this petition because according to him, although he has the requisite permission for putting up the construction from the concerned authorities, yet the applicants of Criminal Misc. Application No.4224 of 2015 are creating unnecessary obstruction and hindrance. The allegations are that they are not permitting the petitioner to start with the construction.

3. Having regard to the peculiar facts of the case, on 9th September, 2015, the following order was passed in the application seeking impleadment as party respondents.

"Mr.Dagli, the learned advocate appearing for the applicant is permitted to implead the Vadodara Municipal Corporation through the Commissioner as the party respondent no.4.

Let notice be issued to the newly impleaded respondent no.4, returnable after two weeks. On the returnable date, the Vadodara Municipal Corporation shall point out, whether any valid permission has been granted to the petitioner to put up the construction on the plot in question. The Corporation shall also point out, whether HC-NIC Page 2 of 5 Created On Fri Oct 16 00:20:34 IST 2015 R/SCR.A/5540/2014 ORDER the plot in question is a common plot as asserted by the persons who have raised objection.

Let this matter appear on 9th January, 2015.

Direct service is permitted."

5. Mr. Nilesh Pandya, the learned counsel appearing for the Vadodra Municipal Corporation submitted that the Corporation has no objection so far as putting up the construction on plot No.8 is concerned as plot No.8 is not a common plot. Mr. Pandya further submitted that the Corporation has issued the necessary permission in favour of the petitioner according to the GDCR.

HC-NIC                              Page 3 of 5      Created On Fri Oct 16 00:20:34 IST 2015
                  R/SCR.A/5540/2014                                                 ORDER

6. Mr. V.K. Anandjiwala, the learned counsel appearing for the applicants who are opposing the construction pointed out that plot No.8 is in dispute. He submitted that the same is a common plot and the title over the same is also disputed. He further submitted that his clients have taken up the matter with the Collector, Vadodara and the issue is at large before the Collector, Vadodara. He submitted that in such circumstances, no relief be granted to the petitioner.