Gujarat High Court
Kiritkumar Chhaganlal Soni vs Ahmedabad Municipal Corporation on 4 April, 2022
Bench: A.Y. Kogje
C/SCA/2047/2022 ORDER DATED: 04/04/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2047 of 2022
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KIRITKUMAR CHHAGANLAL SONI & 3 other(s)
Versus
AHMEDABAD MUNICIPAL CORPORATION & 2 other(s)
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Appearance:
VAIBHAV V GOSWAMY(9019) for the Petitioner(s) No. 1,2,3,4
AISHVARYA(8018) for the Respondent(s) No. 1
MR JF MEHTA(461) for the Respondent(s) No. 3
NOTICE SERVED BY DS for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 04/04/2022
ORAL ORDER
1. This petition under Article 226 of the Constitution of India is filed with
prayers as under:
"(B) Your Lordships may be pleased to issue a writ of mandamus or a writ
in the nature of mandamus or any other appropriate writ, order or
direction, directing the Respondent No.1 to take necessary steps in
furtherance to the notices dated 11.08.2015 and 17.07.2021 issued by
the Respondent No.1 under the Act, directing the Respondent No.3 to
demolish the first floor and second floor of the subject property.
(C) Your Lordships may be pleased to direct the Respondent No.3 herein to
comply with the notices dated 11.08.2015 and 17.07.2021 in its true
spirit issued by Respondent No.1 under the Act;"
2. It appears that the issue pertains to the structure, which consists of
three floors and the ground floor being in possession of the petitioners,
whereas the upper two floors being in possession of the respondent
No.3. The petitioners and respondent No.3 are close relatives and were
having Suit being Civil Suit No.5093 of 1996, which ultimately came to
C/SCA/2047/2022 ORDER DATED: 04/04/2022
be decided by the Judgment and Order dated 08032016.
3. Thereafter, the issue with regard to the premises especially upper two
floors being in dilapidated condition, was taken up by the petitioners
and the Corporation attention was drawn as it relates to life and
property of the petitioners. In response to the Notice, the Corporation
and the respondent No.3 had appeared and filed their respective replies
which indicate that it was the responsibility of the private parties to
undertake the repair work.
4. Pending the petition, however, settlement has been arrived at between
the petitioners and the respondent No.3. On the basis of the settlement
and Affidavit is filed by the petitioners. In the Affidavit, it is indicated
that the petitioners and the respondent No.3 are agreeable that the
respondent No.3 would hand over keys of the first floor to the
petitioners to inspect the condition of the first floor, which has been
lying vacant and locked for several years. At the time, when the key is
handed over to the petitioners, the respondent No.3 shall remove all her
belongings, so as to enable the petitioners to undertake the work of
repair on the upper floors. It is also stated that the repair work of the
structure will be undertaken under the guidance of the Qualified
Structural Engineers and after seeking appropriate permission from the
respondent Corporation. Affidavit on behalf of the petitioners is taken
on record.
5. In view of the aforesaid, the petition stands disposed of with the
directions that both the parties will comply with the contents of the
Affidavit of the petitioners dated 02042022.
6. At request of the learned Advocate appearing for the respondent No.3,
it is emphasized that the moment the repair work is completed within
C/SCA/2047/2022 ORDER DATED: 04/04/2022
period of three months as stipulated, the keys will be handed over back
to the respondent No.3 on 15042022.
Direct service is permitted.
(A.Y. KOGJE, J)
PARESH SOMPURA
