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SANDEEP N. BHATT
Akramali Gafarbhai Rayin – Appellant
Versus
State of Gujarat – Respondent
Headnote: Read headnote
JUDGMENT :
1. Rule. Learned AGP Ms.Bhatt waives service of notice of rule for respondent no.1 and learned advocate Mr.Nanavati waives service of notice of rule for respondent nos.3 and 4.
2. This petition is filed for the following reliefs :
(b) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction quashing and setting aside the order dated 29.11.2021 passed by respondent no.4 for the reasons stated in the memo of petition and in the interest of justice;
(c) Pending admission, hearing and final disposal of the present petition, Your Lordships be pleased to stay the execution, implementation and operation of order dated 29.11.2021 passed by respondent no.4 for the reasons stated in the memo of petition and in the interest of justice;
(d) Your Lordships may grant ad-interim relief in terms of prayer clause p
The respondent authority is the lawful owner of the Final Plot No. 49 and therefore, unauthorized constructions of tin sheet sheds with iron angles and guarders are without any authority of Rules and....
The Court upheld the Assistant Estate Officer's eviction order under the Town Planning Act, confirming that petitioners' objections were unsubstantiated given their failure to challenge the Town Plan....
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....
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 person cannot hold possession of land without any legal right, pursuant to the sanctioned and finalization of a Town Planning Scheme, as it becomes the Act.
The main legal point established in the judgment is that the Corporation had the authority to prescribe the road line under Section 210 of the Act and that the decision was in public interest.
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 actions of local authorities under statutory provisions must be clearly within jurisdiction; mere allegations of unauthorized use do not suffice for enforcement actions without supporting evidenc....
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