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Akbar Bakirbhai Lokhandwala vs Surat Municipal Corporation on 8 February, 2023 cites

Municipal Corporation For Greater ... vs Advance Builders (India) Pvt. Ltd. & ... on 25 August, 1971

As far as the another judgment relied by the petitioner in the case of The Advance Builders (India) Pvt. Ltd. (supra) is concerned, from a perusal of the aforesaid judgment the Court finds that the said judgment was in respect of implementation of Town Planning Scheme, which is not the case here. In the instant case, what is alleged by the petitioner is that respondent No.5 has put up illegal construction and that direction is sought for removal the same, and therefore, since the subject matter is altogether different, the aforesaid judgment also would not help the petitioner.
Supreme Court of India Cites 24 - Cited by 98 - D G Palekar - Full Document

Pravinchandra Chandulal Patel vs State Of Gujarat on 25 July, 2018

7.7 As far as judgment relied upon by the petitioner in the cases of Pravinchandra Chandulal Patel (supra) is concerned, this Court finds that the said judgment was delivered in altogether different context by the Division Bench as the first para of the said judgment categorically makes it clear that before the learned Single Judge the counsel for the Corporation made a specific statement that the order dated 18.7.2016 passed by the Deputy Town Planner shall be implemented within a period of one week from the order and subsequently while allowing the Letters Patent Appeal, the Corporation was directed to take steps in respect of the order passed under Section 260(2) of the Gujarat Provincial Municipal Corporations Act, which also indicates that in that case the Corporation itself had issued notice under Section 260 of the Act and it was alleged that despite issuing the notice the Corporation was not Page 17 of 25 Downloaded on : Sun Sep 17 21:36:00 IST 2023 NEUTRAL CITATION C/SCA/10663/2020 ORDER DATED: 08/02/2023 undefined acting upon the said notice which also shows that prima facie the Corporation was convinced that there is an unauthorized construction and the said construction was not in consonance with either the approved plan or as per the General Development Control Regulations. In the instant case, when the Corporation has not issued any notice to the respondent No.5 and Corporation has specifically come out with a case that the dispute between the parties is private dispute, the aforesaid judgment, according to this Court, will not help the petitioner.
Gujarat High Court Cites 9 - Cited by 3 - R S Reddy - Full Document

Mohammad Hanif Nasirmohammad Jariwala vs State Of Gujarat on 15 November, 2022

7.9 Further, in another similar set of facts, a coordinate bench of this Court while disposing of Special Civil Application No.18739 of 2014 in the case of Mohammad Hanif Nasirmohammad Jariwala (supra) Page 21 of 25 Downloaded on : Sun Sep 17 21:36:00 IST 2023 NEUTRAL CITATION C/SCA/10663/2020 ORDER DATED: 08/02/2023 undefined in paras 5, 6 and 7, the Court observed as under:
Gujarat High Court Cites 1 - Cited by 1 - Full Document
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