Gujarat High Court
Dhanjibhai Thakarshibhai Borda vs Surat Municipal Corporation on 11 September, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/LPA/681/2024 ORDER DATED: 11/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 681 of 2024
In R/SPECIAL CIVIL APPLICATION NO. 21680 of 2023
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In R/LETTERS PATENT APPEAL NO. 681 of 2024
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DHANJIBHAI THAKARSHIBHAI BORDA & ORS.
Versus
SURAT MUNICIPAL CORPORATION & ORS.
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Appearance:
MR MIHIR THAKORE, SENIOR ADVOCATE WITH MR DIPAN
DESAI(2481) for the Appellant(s) No. 1
MR RR MARSHALL, SENIOR ADVOCATE WITH MR DAIFRAZ
HAVEWALLA(3982) for the Respondent(s) No. 3,4
MR KAUSHAL D PANDYA(2905) for the Respondent(s) No. 1,2
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 11/09/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL)
1. Heard Mr.Mihir Thakore, learned Senior Counsel
assisted by Mr.Dipan Desai, learned advocate appearing for
the appellant, Mr.R.R.Marshall, learned Senior Counsel
assisted by Mr.Daifraz Havewalla, learned advocate appearing
for respondent Nos.3 and 4 and Mr.Kaushal D. Pandya,
learned advocate appearing for respondent Nos.1 and 2.
2. Having heard learned Senior Counsels appearing for the
parties and perused the record, pertinent is to note that from
the perusal of the judgment impugned passed by the learned
NEUTRAL CITATION
C/LPA/681/2024 ORDER DATED: 11/09/2025
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Single Judge, it is evident that the intricate questions of right,
title and interest in the land in question are subject-matter of
adjudication before the Civil Court in the pending civil suit
filed by the appellant herein.
3. The observations in this regard in paragraph 13.2 of the
order of the learned Single Judge are relevant to be noted
hereinunder :
"13.2 Considering the aforesaid provisions, in the facts of
the present case, while granting the development
permission, the competent authority is not required to go
into the title, ownership and easement rights of the
respondent Nos.3 to 7, however, in the interest of justice
and upon undertaking given by the respondent Nos.3 to 7
on 04.01.2022, the development permission is granted and
that, the parties would be governed by the final outcome
of the civil suit. Even while rejecting the objections raised
by the petitioner herein, the competent authority has
taken due care that the development permission is subject
to the final title rights that may be determined in the civil
suit being Special Civil Suit No.87 of 2018, which is
pending before the competent Civil Court."
4. Taking note of the above, we find it fit and proper not to
interfere in the decision of the learned Single Judge leaving it
open for the parties to agitate their rights in the pending civil
suit.
5. It is further clarified that the Civil Court shall decide the
matter independently without being influenced by any of the
observations made in the judgment impugned passed by the
learned Single Judge or any observations made in the orders
passed by the Municipal Authorities in the matters subjected
to challenge before the Court.
NEUTRAL CITATION
C/LPA/681/2024 ORDER DATED: 11/09/2025
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6. We may further note that the suit is of the year 2018,
wherein relief for partition has been claimed. We only observe
that an endeavor be made by the Civil Court to decide the suit
as expeditiously as possible.
7. With the above, the present appeal stands disposed of.
Consequently, connected Civil Application also stands
disposed of.
(SUNITA AGARWAL, CJ )
(D.N.RAY, J)
GAURAV J THAKER
