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2021 Supreme(Guj) 1230

VINEET KOTHARI, MS.GITA GOPI
Jignesh Ramanbhai Patel – Appellant
Versus
Appellate Officer And Administrative Manager – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR VIMAL PATEL
For the Respondent: MR UTKARSH SHARMA, MR CHETAN K PANDYA, MR RAJESH B DESAI, MR SATYAM Y CHHAYA, Adv

JUDGMENT :

VINEET KOTHARI, J.

1. The present Intra-Court Appeal is directed against the order dated 13.4.2015, whereby the learned Single Judge dismissed the Special Civil Application No.6210 of 2015 filed by the Petitioner – Appellant (Jignesh Ramanbhai Patel), which was directed against the order dated 22.1.2014 passed by the Junior Town Planner, Gandhinagar Town Development Authority, Gandhinagar, rejecting the application by which the regularization of the unauthorized construction was sought by the petitioner under the provisions of the newly enacted Gujarat Regularization of Unauthorized Development Act, 2011.

2. The brief reason assigned by the Authority concerned in the impugned order dated 22.1.2014 is a oneliner, namely, that with respect to the property situated in Survey No.472/P, the applicant does not have the consent of the owner of the land in question for such regularization.

3. The learned Single Judge, however, dismissed the writ petition on the ground that the Applicant claimed the said property under a Will executed by one Shantaben and there was a dispute with regard to the said Will raised from the side of Respondent No.3 – Lallubhai Mathurdas Patel, who also cla

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