Gujarat High Court
Ikhlak Istiyakbhai Shaikh vs Deputy Estate Officer on 15 July, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/LPA/524/2025 ORDER DATED: 15/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 524 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 17559 of 2023
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2025
In R/LETTERS PATENT APPEAL NO. 524 of 2025
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IKHLAK ISTIYAKBHAI SHAIKH
Versus
DEPUTY ESTATE OFFICER & ANR.
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Appearance:
V A DARBAR(7429) for the Appellant(s) No. 1
MR DEEP D VYAS(3869) for the Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS.
JUSTICE SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 15/07/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. The present appeal is directed against the judgment and order dated 11.03.2025 passed by the learned Single Judge wherein the challenge to the notice under Section 260(1) and the order under Section 260(2) of the Gujarat Provincial Municipal Corporation Act, 1949 has been upturned with the observations that the notice dated 16.09.2023 under Section 260(1) of the Gujarat Provincial Municipal Corporation Act refers to construction of shed erected subsequently. The Page 1 of 4 Uploaded by A. B. VAGHELA(HC01079) on Thu Jul 17 2025 Downloaded on : Thu Jul 17 21:54:39 IST 2025 NEUTRAL CITATION C/LPA/524/2025 ORDER DATED: 15/07/2025 undefined offending construction as referred in the notice dated 16.09.2023 is to be removed. The action taken by the GPMC for issuing notice under Section 260(1) and followed by the order under Section 260(2) of the Gujarat Provincial Municipal Corporation Act is well within its jurisdiction and the petition deserves dismissal.
2. The contention of the petitioner that the shed/ area for which notice was issued, was occupied prior to the year 2006 [incorporation of the area and municipal limits] was rejected as unacceptable for the reason that the petitioner is in possession of the subject property, which fact is not in dispute. The learned Single Judge has also taken note of provisions of Section-253 and Section-254 of the Gujarat Provincial Municipal Corporation Act, 1949 to note that the said provisions require a notice to be given to the Commissioner of intention to erect a building and no such notice given by the petitioner, in the instance case, is available.
3. When the matter was taken up on 30.04.2025 in the present appeal, it was brought to the notice of the Court that Page 2 of 4 Uploaded by A. B. VAGHELA(HC01079) on Thu Jul 17 2025 Downloaded on : Thu Jul 17 21:54:39 IST 2025 NEUTRAL CITATION C/LPA/524/2025 ORDER DATED: 15/07/2025 undefined the writ petitioner herein/ appellant has moved an application under the Gujarat Regularization of Unauthorized Development Act, 2022 for regularization of the constructions and the said application is pending. The matter was, thus, adjourned with the observation that the application moved by the original petitioner/ appellant shall be considered in accordance with law after providing due opportunity of hearing to the petitioner herein. By means of the affidavit dated 15.07.2025, filed in the Court today by Mr. Deep D. Vyas, learned advocate appearing for the respondent - Corporation, the order dated 07.07.2025 passed by the competent authority under the Gujarat Regularization of Unauthorized Development Act, 2022 has been placed on record.
4. We are, therefore, of the opinion that no interference is required in the present appeal which was directed against the order of the learned Single Judge in upturning the challenge to the notice under Section 260(1) read with the order passed under Section 260(2) of the Gujarat Provincial Municipal Corporation Act, 1949, for the reasons given therein. However, it is kept open for the petitioner herein/ appellant to Page 3 of 4 Uploaded by A. B. VAGHELA(HC01079) on Thu Jul 17 2025 Downloaded on : Thu Jul 17 21:54:39 IST 2025 NEUTRAL CITATION C/LPA/524/2025 ORDER DATED: 15/07/2025 undefined challenge the order dated 07.07.2025 of rejection of the application under the Gujarat Regularization of Unauthorized Development Act, 2022 for regularization of the construction, by bringing his independent action, in accordance with law. In case of such a challenge, the dismissal of the present writ petition or the present appeal will not come in the way of the petitioner. The present appeal stands dismissed, accordingly.
Consequently, the Civil Application for interim relief would not survive and the same is disposed of.
(SUNITA AGARWAL, CJ ) (D.N.RAY,J) A. B. VAGHELA Page 4 of 4 Uploaded by A. B. VAGHELA(HC01079) on Thu Jul 17 2025 Downloaded on : Thu Jul 17 21:54:39 IST 2025