Ashokkumar Gopaldas Gulabani vs Rameshbhai Hastimal Parekh
2021 Latest Caselaw 5950 Guj

     C/SCA/7556/2021                                    ORDER DATED: 14/06/2021



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 7556 of 2021
==========================================================
                       ASHOKKUMAR GOPALDAS GULABANI
                                  Versus
                        RAMESHBHAI HASTIMAL PAREKH
==========================================================
Appearance:
GAURAV K LAKHWANI(9520) for the Petitioner(s) No. 1,2
NILESH P UDERNANI(9050) for the Petitioner(s) No. 1,2
for the Respondent(s) No. 1,2,3,4
==========================================================

 CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN

                              Date : 14/06/2021

                               ORAL ORDER

1. Draft amendment is placed on record. Amendment is allowed in terms of the draft. The same shall be carried out forthwith.

2. Heard Mr.G.K. Lakhwani and Mr.N.P. Udernani, learned advocates for the petitioners.

3. Mr.Lakhwani, learned advocate submitted that the respondent Nos.1 and 2, in total disregard of the Rules and Regulations governing the development, has carried out illegal and unlawful construction over the plot of respondent No.4 - Aryaman Co- operative Housing Society Limited. It is submitted that neither the construction plans/layouts were placed before the respondent No.4 - society for its approval nor valid permission/no objection has been taken. It is submitted that the development permission dated 31.03.2021 has been granted by the respondent - Corporation by- passing the Rules and Regulations governing the society and therefore, it is illegal and bad.

C/SCA/7556/2021 ORDER DATED: 14/06/2021

4. Reliance is placed on the judgment of this Court in the case of Madhavnagar Co-operative Housing Society Ltd. vs. Joint Registrar and Member, Board of Nominees reported in 2020(2)GLR 1437. It is submitted that this Court has held that the officer of the concerned Corporation or any Municipality, if sanctions the plans or grants Building Use Permission without any valid No Objection Certificate from the Society, then the officer concerned shall be held personally liable for the dereliction of duty and also guilty of contempt.

5. It is also submitted that the Corporation, before giving the development permission dated 31.03.2021, has not even heard the society. This Court, in para 51 of the said judgment, has held that in case, it is found that the plans have been sanctioned or Building Use Permission has been granted without hearing the society and without there being a valid No Objection Certificate on record, taking of appropriate steps against the officer concerned shall not be ruled out.

6. It is submitted that in the proceedings in the Lavad case before the Registrar, Board of Nominees, vide order dated 14.09.2020, status-quo was ordered to be maintained by the parties and despite such order, the petitioners have proceeded with the construction which is illegal and against the provisions.

7. Issue notice, returnable on 22.06.2021.

8. Direct service through R.P.A.D. as well as through electronic mode is permitted.

(SANGEETA K. VISHEN,J) Hitesh