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SANDEEP N. BHATT
Jasbirsingh Didaarsingh Whala – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. The petitioner has mainly challenged the notice impugned dated 28.05.2021 issued by the respondent – Vadodara Municipal Corporation as well as the subsequent sealing of premises situated at Royal Park Cooperative Housing Society Plot No.10 and further seeking direction against the respondent authorities to open the seal.
2. Heard learned advocates for the respective parties at legnth.
3. Rule. Learned advocates waive service of notice of rule on behalf of respective respondents.
4.1 Mr. Jamshed Kavina, learned advocate with Mr.S.P. Majmudar, learned advocate for the petitioner has submitted that the impugned notice of the Corporation is per se bad and illegal, as hearing is not given to the petitioner prior to issuance of the same. He has submitted that the Corporation has to follow the procedure before issuing the notice under Section 36 of the Town Planning and Urban Development Act (‘the Act’ for short), there is a power to require removal of unauthorised development or use. He has also submitted that the Corporation has sealed the premises and thereby acted contrary to the provisions of Section 37 of the Act as such action can only be taken when the development ma
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