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2022 Supreme(Guj) 21
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BIREN VAISHNAV, J.
LAXMANBHAI RAMBHAI JALU - APPELLANT
Versus
SURAT MUNICIPAL CORPORATION OF THE CITY OF SURAT - RESPONDENT
SPECIAL CIVIL APPLICATION NO. 5315 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020, 2 of 2020 With SPECIAL CRIMINAL APPLICATION NO. 4824 of 2019, 544 of 2019
Decided On : 05-01-2022
Advocate Appeared:
For the Appellant : MR. SHALIN MEHTA, SENIOR COUNSEL WITH MR SAURIN A MEHTA
For the Respondent: MR KAUSHAL D PANDYA, MR. I.H.SYED, SENIOR COUNSEL WITH MR. PRITHU PARIMAL
Headnote:
Code of Criminal Procedure, 1973 - Section 195(1) - Indian Penal Code, 1860 - Section 181 and 182 - Gujarat Provincial Municipal Corporation Act (GPMC Act), 2019 - Section 263 (2)(b) - Petitioner purchased land in question from original owner through a registered sale deed - Final Plot admeasuring 6,264 sq mtrs is land which is under consideration in petition - Whether there is name of concerned occupier in revenue record – Held, Police on a request made by Corporation carried out investigation and a report has been filed by Police which is a part of affidavit-in-reply filed by petitioner to civil application for joining party - Reading of report would indicate that Police Inspector after carrying out necessary investigation came to conclusion that nature of allegations in complaint are of civil nature and proceedings are pending before parties in Hon’ble Supreme Court - Even Real Estate Regulating Authority (RERA) has dismissed application of the petitioner – Petition disposed of.
JUDGMENT :
Since all these matters are connected, they are being decided by this common judgment. SPECIAL CIVIL APPLICATION NO. 5315 of 2020
1 The prayer in the petition, reads as under:
“8(B) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of Mandamus, or any other appropriate writ, order quashing and setting aside the impugned Orders bearing No. TDO/6653 dated 24.02.2020 passed by the In-charge Town Development Officer, Surat Mahanagar Palika – Respondent No.2 and Orders bearing Nos. TDO/ 6649 – 6652 all dated 24.02.2020 passed by In-charge Town Development Officer, Surat Mahanagar Palika – Respondent No.2 and further direct the Respondents to grant Building Use permission for towers “B-1” and “B-2” of “Parishram Park” situated on Final Plot No. 56A (New Final Plot No.57).”
2 The facts in brief are as under:
2.1 The facts relate to land being Revenue Survey No.76/2, Block No. 127 admeasuring 16,188 sq mtrs situated at Jahangirpura, Taluka : Adajan, District: Surat. The land was originally owned by one Dayakorben Maganbhai Patel. The original owner had sought development permission for Final Plot Nos. 56-A and 56-B on 18.08.2004. The development permission was granted on 20.08.2004. N.A permission was granted on 24.08.2005.
2.2 It appears that the petitioner on 18.03.2004 purchased the land in question from the original owner through a registered sale deed. Final Plot no. 56-A admeasuring 6,264 sq mtrs is the land which is under consideration in this petition.
2.3 In order to construct high rise top residential buildings on the land in question, Final Plot No. 56-A, the petitioner applied for development permission on 05.04.2012. This was for construction of four towers, “A”, “B-1”, “B-2” and “C”. The petitioner was required to file an affidavit regarding pendency of any litigations and therefore on 25.05.2012, he filed an affidavit stating that there was a pending litigation between between the petitioner and one Babubhai Govindbhai Nadiyadra (applicant of Civil Application No. 2 of 2020 and applicant of Special Criminal Application No. 544 of 2019).
2.4 Babubhai Govindbhai Nadiyadra, had filed a Special Civil Suit No. 15/2004 for specific performance against the original owner Dayakorben Maganbhai Patel, on the ground that an Agreement to Sell was entered into between them on 13.08.1999 for the land in question, including the present land admeasuring 6,264 sq mtrs. The suit was dismissed on 18.04.2011.
2.5 Aggrieved by the dismissal of the suit, Babubhai Nadiyadra instituted First Appeal No. 1643 of 2011. By a judgment dated 24.09.2013, the High Court did not grant the prayer of specific performance but awarded damages to the appellant – original plaintiff Babubhai Nadiyadra to the tune of Rs.1,47,72,349/-.
2.6 The judgment and order of the High Court is a subject matter of Special Leave Petitions filed before the Hon’ble Supreme Court, one by the original plaintiff / appellant, present petitioner and the original owner. After having granted leave on 27.01.2014, on an interim application filed by Babubhai Nadiyadra, it is the case of the petitioner that no stay was operating against the issuance of B.U.Permission as is clear from the order dated 12.09.2014 passed by the Hon’ble Supreme Court.
2.7 By the impugned orders dated 24.02.2020 passed by the Surat Municipal Corporation, B.U.Permission for towers B-1 and B-2 have been refused to the petitioner on the ground that litigations are pending before the Hon’ble Supreme Court and also Special Criminal Application No. 544 of 2019 is pending. These orders are under challenge.
3 Mr.Shalin Mehta, learned Senior Advocate, has appeared with Mr.Saurin Mehta, learned advocate for the petitioner. He made the following submissions:
3.1 He would submit that the original owner was granted development permission in 2004. The petitioner was granted revised development permission on 05.04.2012 for construction of four towers. N.A was granted for the land in question
