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Nileshbhai Narayanbhai Mistry – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
Aravind Kumar, J.
1. Petitioner is seeking following reliefs:
B. YOUR LORDSHIPS be pleased to direct respondent No.3 to maintain list of such plot at the office and further erect big notice board on public plots mentioning the purpose for which they are reserved;
C. YOUR LORDSHIPS be pleased to issue directions to respondent No.3 for removing encroachment on the plot reserved for public purpose as mentioned in the list at ANNX-A herein and further be pleased to issue directions to respondent No.3 for imposing penalty on encroachers and amount recovered from penalty be used for welfare of public at large;
D. YOUR LORDSHIPS may kindly be pleased to may kindly be please to issue an writ of mandamus and/or any other appropriate writ, order or direction in nature of mandamus directing respondent authorities to ensure strict compliance of GDCR Rules in accordance with law by not extending
The main legal point established in the judgment is that the extraordinary jurisdiction under Article 226 of the Constitution of India does not permit detailed fact-finding inquiries and leading of e....
Point of Law : Amended provisions of Rule 18 (2) of the Settlement Rules does not mandate issuance of any notice upon persons coming in the ambit of the said sub-rule. The petitioner are admittedly i....
The main legal point established in the judgment is that land reserved for public purpose in a layout cannot be used for any other purpose, and the authorities are obligated to maintain such open spa....
A decision is vitiated by irrationality if the decision is so outrageous, that it is in defiance of all logic; when no person acting reasonably could possibly have taken the decision, having regard t....
The main legal point established in the judgment is that unauthorized construction in violation of the sanctioned layout plan and town planning scheme can be directed for removal by the Municipal Cor....
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