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SANDEEP N. BHATT
MANILAL SHAMJIBHAI BAVARVA – Appellant
Versus
STATE OF GUJARAT – Respondent
Headnote: Read headnote
JUDGMENT :
SANDEEP N. BHATT, J.
1. The present petition is filed by the petitioners by challenging the notices dated 30.03.2017, it is served upon the petitioners on 31.03.2017, upon 8.00 p.m. and on 01.04.2017 in the morning (Saturday), the demolition drive is carried out and therefore, the petitioner has modified the petition on the holiday and by praying to exercise powers under Article 226 of the Constitution of India and when the matter is heard by learned Single Judge of this Hon’ble Court on 01.04.2017, the following order is passed:
2. Heard learned advocates for the parties.
3. It deserves to be noted that by an order dated 24.03.2017, this Court had disposed of the earlier petitions filed by the very petitioners being SCA Nos. 2226/17 to 2231/17, wherein the following is observed:
“2. Pursuant
Illegal construction on government land without ownership or permission does not entitle the petitioners to challenge the Corporation's action. The Corporation's offer of alternative accommodation ma....
The court emphasized the necessity of proper notice and adherence to procedural safeguards in administrative actions affecting property rights, ruling the demolition illegal due to failure to follow ....
The main legal point established in the judgment is that the Corporation Officers must comply with the principles enshrined in Article 14 of the Constitution of India, treat everyone equally, and not....
The main legal point established in the judgment is the importance of adhering to building rules and not permitting unauthorized construction to remain. The court emphasized the need to implement val....
Compliance with construction permissions, by-laws of the Society, and legal restrictions on the usage of common plots under the Town Planning and Urban Development Act are crucial for lawful construc....
A demolition notice issued without proper service of a show-cause violates principles of natural justice, thus rendering the notice void and enabling the affected party to defend themselves upon re-i....
Unauthorized constructions cannot be legitimized by time or inaction; strict enforcement of demolition orders is essential to uphold the rule of law.
The court ruled that demolition orders must follow due process and should only be executed if significant public interest is at stake, emphasizing the right to appeal.
A person responsible for unauthorized construction has no right to reconstruct the same after demolition and then apply for regularization.
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