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2014 Supreme(Guj) 83

BHASKAR BHATTACHARYA, J.B.PARDIWALA
SARVESH ATULBHAI GOHIL – Appellant
Versus
JAMNAGAR URBAN DEVELOPMENT AUTHORITY – Respondent


Advocates Appeared:
MR YATIN OZA, SR. COUNSEL with MS VIDITA D JAYSWAL, ADVOCATE for the Applicant(s) No. 1
Advocates Appeared:
MR AR THACKER, ADVOCATE for the Opponent(s) No. 1
MR JAYANT P BHATT, ADVOCATE for the Opponent(s) No. 2
MR KISHOR M PAUL, ADVOCATE for the Opponent(s) No. 4
MR VIJAY H NANGESH, ADVOCATE for the Opponent(s) No. 3
NOTICE NOT RECD BACK for the Opponent(s) No. 3.1 -3.2

JUDGMENT

J.B.PARDIWALA, J.

By this writ-application in the nature of a public interest litigation, the petitioner, a resident of Jamnagar and a Chartered Accountant by profession, has brought to our notice that the respondent No.4, in collusion with the respondent No.3, has constructed 26 shops on the common plot of the respondent No.3 Society, without any permission from the Jamnagar Urban Development Authority as well as the Jamnagar Municipal Corporation.

In such circumstances referred to above, the petitioner has prayed for the following reliefs:-

(a). Admit and allow this petition.

(b). Issue a Writ of Mandamus and/or any other appropriate wit, order or direction, to the respondents no. 1 and 2 to act in accordance with the law and as per law declared by the Honourable Supreme Court Annexure “B” to this petition.

(c). Pending the admission and final hearing of the present petition be pleased to direct the respondents no. 1 and 2 to produce on record of the case development/construction permission granted in favour of Respondents No. 3 and 4.

(d). Pending the admission and final hearing of the present petition be pleased to restrain respondents no. 3 and 4 from making any constru








































































































































































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