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6.28. Torrent itself has acquired the said land by way of registered perpetual lease deed from its owners/developer and has then chosen to set up its substation there. It is also obvious that the builder and the society have made money by selling the said margin land, which was otherwise of no value and would have no commercial use, to Torrent for consideration and permitted Torrent to set up the gigantic substation and cater to its other customers in the area for its own profit and commercial gain.

10.9. The land is leased to Torrent Power Limited on a token rent of Rs.101/- per annum. The C/SCA/9804/2021 CAV ORDER DATED: 05/01/2022 allegation of margin land being put to commercial use by the builder is misconceived.

11. Mr. Kanva Antani, learned advocate for Mr. Satyam Chhaya, learned advocate for the respondents would submit that no writ of certiorari or mandamus can be issued. No right has been infringed or violated. The petition is premature.

3. In view of the unanimous resolution dated 14.03.2021 passed by the members of the respondent no.5 society, the Secretary of the society vide communication dated 17.03.2021 has requested the respondent no.2 and 3 authorities to take the necessary action to restrain the illegal construction being carried out by the respondent developer in margin land and further requested to not to regularize the illegal construction carried out by the respondent developer. The communication dated 17.03.2021 was supplied to all the members of the society including the petitioners. A copy of the communication dated 17.03.2021 along with annexures annexed thereto is annexed herewith and marked as Annexure-I. It is evident from the communication and annexures thereof that not only the present petitioners, but all the members of the society are being adversely affected by the activities of carrying out illegal construction of commercial complex including the illegal construction of Electrical Substation and C/SCA/9804/2021 CAV ORDER DATED: 05/01/2022 construction in margin land."

19. The CGDCR, 2017 are regulations statutory in nature framed to take care of different jurisdictions in different Acts. Framing them under Section 116A(1) of the Gujarat Town Planning Act, 1976, Section 155 of the Gujarat Municipalities Act, 1963 etc. the regulations are comprising of five different sections. The three main Sections are `Procedure Regulations', `Planning Regulations' and `Performance Regulations.'

20. The concern of the petitioner, therefore, whether it is permissible for an electric sub-station of 8 KVA (Two Transformers) to come up on land the premises of the Developer in question and whether the margin land can be so used is the only issue that needs to be considered. The argument of the petitioner therefore that three different plans showed three different locations for RERA, AMC and Torrent Power Limited also now have no merit to be C/SCA/9804/2021 CAV ORDER DATED: 05/01/2022 deserving of any consideration.