R. K. ABICHANDANI, J.

( 1 ) THE petitioner Company seeks to challenge the order dated 19-6-1995 at "annexure A" to this petition passed by the Respondent no. 2, Municipal Commissioner of Ahmedabad by which unauthorised construction made as shown in the notice under Sec. 260 (1) of the Bombay Provincial Municipal corporations Act, 1949 (hereinafter referred to as the "said Act") was directed to be removed and prays for restraining the respondents from implementing or enforcing the impugned order.

( 2 ) THE petitioner constructed a residential hotel known as "shalin Hotel" in the city in the year 1991. The petitioner was given revised plan sanction on 20-4-1991 for the hotel building. As per the plan which was put up for the building there was a proposed construction of cellar of about 1300 sq. metres for making provision for parking 19 cars, 108 scooters and 122 cycles in the cellar. The petitioner had thus got the entire cellar sanctioned for parking purpose only. Over and above this, there was also provision for parking 2 cars and 94 cycles at the ground level of the premises. Building user permission under Sec. 263 of the said Act was granted to the petitioner on 9-9-1991. Thereaf

Click Here to Read the rest of this document