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2000 Supreme(Guj) 84

P.B.MAJMUDAR
MANSINGBHAI KAHALSINGBHAI – Appellant
Versus
SURAT MUNICIPAL CORPORATION – Respondent


Advocates Appeared: B.M.MANGUKIYA, PRASHANT DESAI

P. B. MAJMUDAR, J.

( 1 ) THE petitioners have invoked the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India and prayed that the local authority should regularise the unauthorised constructions made by them and/or the plan for developing the property which has been submitted by them should be deemed to have been granted as no decision rejecting or sanctioning the same has been taken within the stipulated time.

( 2 ) THE petitioners have completed the construction without getting approval of the local authority and when notice under section 261 (a) of the BPMC Act was given for demolition, they have rushed to this court taking various contentions. Now-a-days it is the tendency on the part of the organizors/builders to take money from innocent people for the purpose of booking flats and thereafter putting them in helpless condition by not complying with the appropriate building laws and bye laws of the local authority. The ultimate sufferers are the people who have invested their large amount of money for getting a roof over their heads and ultimately they get nothing in the process. The local authority also on the other hand is not vigilant from


















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