( 1 ) IN this petition under Art. 226 of the Constitution, the petitioner who is an occupant of a structure standing on a plot bearing No. BBZ-N2 of Gandhidham, has challenged the order passed by the Board of Appeal under S. 19 of the Gandhidham (Development and Control on Erection of Buildings) Act, 1957, hereinafter referred to as the Gandhidham Act. As the said Board has passed the order deciding the lis between the parties in a quasi-judicial manner, even though the said Board is not deemed to be a civil court, its decision will be amenable to the jurisdiction of this court under Art. 227 of the Constitution. This petition is, therefore, treated to be one under Art. 227 thereof and is being disposed of accordingly. The respondents to this petition are, the Gandhidham Development Authority which is joined as respondent No. 1 and respondents Nos. 2 and 3 who are the owner of the house property bearing No. BBZ-N-2, and the Board of Appeal respectively.

( 2 ) IT is necessary to briefly glance through the relevant facts leading to the present proceedings. According to the petitioner, he is occupying the property which is a garage within the local limits of Gandhidham town, since 195

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