Point of Law: Building Use Permission - Section 268 of GPMC Act empowers Commissioner to order any building or any portion thereof to be vacated by giving written notice, if such building or a portion thereof has been unlawfully occupied in contravention of Section 263.

JUDGMENT :

BELA M. TRIVEDI, J.

1. The Ahmedabad Medical Association and 44 other petitioners have filed the present petition challenging the impugned notices (at Annexure P/1 Collectively) issued by the respondent No. 2 to the petitioner nos. 2 to 45 and the other members of the petitioner No. 1Association. The petitioners have also challenged the action of the respondent No. 2 in sealing the hospitals of the petitioner Nos. 2 and 3 and have sought further direction against the respondents to publish a reasonable time frame within which the applications in pursuance of the public notice dated 22.02.2021 could be made. To be precise, following prayers have been mainly sought in the present petition:

“(A) Your Lordships may be pleased to issue a writ of certiorari or a writ in nature of certiorari or any other writ, order or direction, quashing and setting aside the impugned notices (AnnexureP/1) and similar Notices issued by respondent No. 2 to other members of petitioner no. 1;

(B) Your Lordships may be pleased to issue a writ of mandamus or a writ in nature of mandamus or any other writ, order or direction, quashing and setting aside the action of sealing of hospitals of petitioner Nos. 2 and 3;

(C) Your Lordships may be pleased to issue a writ of mandamus or a writ in nature of mandamus or any other order or direction, directing the respondents to publish a reasonable timeframe within which the applications in pursuance of Public Notice dated 22.02.2021 can be made;”

2. As per the case of the petitioners, the petitioner No. 1Association was formed over 100 years ago for espousing the cause of its members. The petitioner Nos. 2 to 45 are the members of the petitioner No. 1 Association and the Doctors professing medicine from their respective hospitals in the city of Ahmedabad. They have different areas of specialization and have vast experience in their respective fields. In the month of August, 2021, an unfortunate fire incident took place in the Shrey Hospital at Ahmedabad, which led to loss of eight innocent lives. A Public Interest Litigation being WPPIL No. 118 of 2020 came to be filed before this Court seeking various reliefs, in which the Division Bench passed various orders on 17.08.2020, 15.12.2020 and 26.02.2021 (Annexure P/3 Collectively). In the meantime, the respondent No. 2 issued a public notice on 22.02.2021 stating inter alia that under the prevalent laws, it is necessary to obtain the BU permission and Fire NOC before occupying any premises, and that those persons who do not have a BU permission and/or Fire NOC, may apply for the same, failing which appropriate action would be initiated against them. It is further the case of the petitioners that before the petitioners Doctors and other members of the petitioner No. 1 Association could assess their situation, collate all papers pertaining to their property and make necessary applications pursuant to the said public notice, the petitioners have been individually served with the Notices (Annexure P/1 Collectively) calling upon them to produce the BU permission and Fire NOC. It was stated in the said Notices that if they failed to produce the BU permission and the Fire NOC within three days, their Hospitals would be sealed. On the receipt of such Notices, the petitioners made individual representations to the various Zonal Offices of the respondent No. 2. However, in the meantime, the respondent No. 2 already partially sealed the hospital premises of the petitioner Nos. 2 and 3. The other members of the petitioner No. 1 Association therefore apprehending that such an action of sealing would take place against them also, have filed the present petition. The petitioners have produced the Chart (Annexure P/6) depicting the position of the members of the petitioner No. 1 Association, in respect of the availability of the BU permission and Fire NOC of their premises.

3. The respondent No. 2Ahmedabad Municipal Corporation has filed the Affidavitinreply through the Town D