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2022 Supreme(Guj) 10

BIREN VAISHNAV
NEAL TUSHAR VORA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant :MR A D OZA, ADVOCATE for MR MEET A SHAH
For The Respondent: MR DHAVAL DAVE, SR COUNSEL assisted by MR DHRUV TOLIYA, MR SALIL M THAKORE, MR SATYAM Y CHHAYA, SERVED BY RPAD (N)

ORDER :

1. By way of these petitions under Article 226 of the Constitution of India, the petitioners have challenged the communication by which the Corporation pursuant to the hearings inter se between the parties to the petition has observed that further action on the revised plans submitted by the respondent No.6 shall be taken, in accordance with the General Development Control Regulations, 2017 (for short, hereinafter referred to as `the GDCR, 2017’) by the Building Scrutiny Pool.

2. The lead matter for the purposes of this decision is Special Civil Application No.9408 of 2021. Prayers made in SCA No.9408 of 2021 read as under:

    “9(B) This Hon’ble Court may be pleased to quash and set aside the impugned order dated 25.5.2021 passed by the respondent No.3 (Annexure – A)

9(C) This Hon’ble Court may be pleased to direct the respondent authorities to demolish any illegal construction including the structure for `Electrical Sub- Station’ built up on 3 level underground (Cellar) parking ramp forthwith and further be pleased direct the respondent authorities to not to permit the respondent developer to carry out construction and installation of `Electrical Sub-Station’ adjacent to residenc

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