Bhupendrabhai Devjibhai Chauhan vs State Of Gujarat on 7 October, 2021
10.1 Yet another decision of the Division Bench of this Court in the case
of Raghavbhai Arjanbhai & Anr., v Amreli Nagar Palika & Anr.,
reported in 1994 (1) GLH 470 is also on the issue of exercise of
jurisdiction under Section 258 of the Gujarat Municipalities Act and the
relevant observations contained therein, deserve to be considered, which
has indicated that the Resolution once passed by the Municipality and
when acted upon by the third parties, the Collector cannot exercise
jurisdiction. Now, here, in the instant case as well, the Resolutions which
have been passed ranging from the year 2012 to July, 2014 are already
implemented and third parties i.e. allottees have acted upon the same and
at that stage after almost a period of three years, the Collector has
exercised powers under Section 258 of the Act, which appears to be in
conflict with the proposition which has been laid down by the Division
Bench of this Court, the relevant observations contained in the said
decision of the Division Bench, the Court would like to reproduce the
same hereunder :-