Citation : 2026 Latest Caselaw 3536 Guj
Judgement Date : 13 May, 2026
NEUTRAL CITATION
C/SCA/7397/2026 ORDER DATED: 13/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7397 of 2026
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MITUL NAVINCHANDRA MEHTA
Versus
THE STATE OF GUJARAT & ORS.
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Appearance:
MR KIRTIDEV R DAVE(3267) for the Petitioner(s) No. 1
GOVERNMENT PLEADER for the Respondent(s) No. 1,3
MR BY MANKAD(440) for the Respondent(s) No. 2
MR NIKHILESH J SHAH(3007) for the Respondent(s) No. 4
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 13/05/2026
ORAL ORDER
Heard learned counsels for the parties.
Learned counsel appearing for the Petitioner submitted that the Authority has raised the objections in respect of the height of parapet, Stair case cabin and lift-room cabin. He further submitted the application for regularization has already been preferred before the competent authority and the same is pending. He submitted that without deciding the application of the Petitioner, Respondent No.4 has issued notice for removal of aforesaid illegal constructions.
Mr. Jay Trivedi, learned AGP accepts notice on behalf of Respondent Nos.1 & 3 and waives service of notice on behalf of Respondent Nos.1 & 3.
Mr. Munshaw, learned counsel accepts notice on behalf of Respondent No.4 and waives service of notice on behalf of Respondent No.4. He submitted that apart from these three illegal constructions, the
NEUTRAL CITATION
C/SCA/7397/2026 ORDER DATED: 13/05/2026
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petitioner has also made other illegal constructions. The authority has already initiated action against the illegal constructions and the same is going on.
Be that as it may, Respondent No.4 is directed to first decide the application/representation pending before them. Mr. Shah, learned counsel for Respondent No.4 submitted that application/representation if any pending consideration, will be decided within seven days.
In view of the submission made by the learned counsel for Respondent No.4, Respondents are directed not to take any further action in this regard till the application/representation is decided.
In view thereof, the captioned petition stands disposed of.
(MOOL CHAND TYAGI, J) ARUN
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