Gujarat High Court
Radhaben Kapurchand Vavadara vs Ahmedabad Municipal Corporation on 12 April, 2022
Bench: A.Y. Kogje
C/SCA/5405/2020 JUDGMENT DATED: 12/04/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5405 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE A.Y. KOGJE Sd/-
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1 Whether Reporters of Local Papers may be allowed No
to see the judgment ?
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy No
of the judgment ?
4 Whether this case involves a substantial question No
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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RADHABEN KAPURCHAND VAVADARA
Versus
AHMEDABAD MUNICIPAL CORPORATION
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Appearance:
MR BHARAT T RAO(697) for the Petitioner(s) No. 1
MR ANUJ K TRIVEDI(6251) for the Respondent(s) No. 1,2,3,4
RULE SERVED for the Respondent(s) No. 5,8,9
RULE UNSERVED for the Respondent(s) No. 10,6
UNSERVED EXPIRED (R) for the Respondent(s) No. 7
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 12/04/2022
ORAL JUDGMENT
1. This petition under Article 226 of the Constitution of
India was primarily filed praying inter alia as under:-
"(B) To issue a writ of mandamus or a writ in the
nature of mandamus or any other appropriate
C/SCA/5405/2020 JUDGMENT DATED: 12/04/2022
writ, order or direction, directing the respondents
to forthwith take action under Sec.260 of GPMC
Act against all the illegal constructions existing in
Silver-9 Apartments constructed on land bearing
Survey No.8 Paiki, F.P. No.5 in T.P. Scheme
No.38 in Thaltej Ward near Bhaikaka Nagar,
Ahmedabad.
(C) Pending admission, hearing and final disposal of
this petition, to direct the respondents to place on
record the details of actions taken by the
respondents pursuant to representations made
petitioner and legal notices given by petitioner
against illegal constructions made in Silver-9
Apartments, Bhaikaka Nagar, Thaltej,
Ahmedabad."
2. It appears that the dispute essentially was between
occupants of the apartment in putting up unauthorized
development being minor structures without permission.
3. Learned Advocate Mr.Rao for the petitioner submitted
that the petitioner as such has no grievance against neighbours,
but the neighbours have themselves made application of
unauthorized construction before the Corporation and the
Corporation having acted against the petitioner, whereby so called
unauthorized construction was demolished by the Corporation. It
is the case of the petitioner that the so called unauthorized
construction was only weather shed, which cannot be considered to
be a permanent structure created of bricks and masonry. In the
C/SCA/5405/2020 JUDGMENT DATED: 12/04/2022
meantime, as the petitioner was also issued with the notices by the
respondent-Corporation, the petitioner had proposed draft
amendment, which was granted and ordered to be carried out
under order dated 08.01.2021. In the amendment, prayer made is
as under:-
"28.BB.YOUR LORDSHIPS be pleased to quash the
notice dated 26.10.2020 which is erroneous,
illegal and against the provision of law qua
petitioner as petitioner has not made any illegal
construction and said (sic-shed) which was
constructed; it was considered (sic-constructed)
in 1985 and reflected in the sale deed itself.
28CC.Pending admission, hearing and final disposal of
the present petition, Your Lordships be pleased to
stay the implementation, execution and operation
of the impugned show cause notice dated
26.10.2020 for the reasons stated in the memo of
the petition and in the interest of justice;"
4. Today, when the matter is taken up, learned Advocate
for the petitioner states that the petitioner desires to put up
construction which is in the nature of weather shed and temporary,
for which, according to learned Advocate for the petitioner, GDCR
now made application does not require any permission from the
respondent-Corporation.
5. In view of the aforesaid, it is open for the petitioner
now to make an application for development permission in
C/SCA/5405/2020 JUDGMENT DATED: 12/04/2022
accordance with law. It will also be open for the petitioner to raise
contention that for the nature of construction that the petitioner
proposes to put up, no development permission is required. Upon
such an application being made, the respondent-Corporation shall
consider such application in accordance with law and shall also
deal with the contention of the petitioner with regard to GDCR now
made applicable.
6. Insofar as original relief prayed for by the petitioner, it
is pertinent to observe that the respondent-Corporation along with
its affidavit has placed series of notices issued to the occupiers of
Silver-9 Apartments, Bhaikaka Nagar, Thaltej, Ahmedabad against
which the petitioner has raised grievance. It is obvious that such
notices which are placed at Annexure-R1 along with the affidavit of
the respondent-Corporation shall be proceeded in accordance with
law and if need be, it will be open for the petitioner to appear
before the respondent-Corporation to represent her case while
notices against other occupants of Silver-9 Apartments, Bhaikaka
Nagar, Thaltej, Ahmedabad are proceeded with by the respondent-
Corporation.
7. With the aforesaid, the petition stands disposed of. Rule
is made absolute to the aforesaid extent. No order as to costs.
Sd/-
(A.Y. KOGJE, J)
SHITOLE
