JUDGMENT :

ASHUTOSH J. SHASTRI, J.

1. Present appeal under clause 15 of the Letters Patent is filed against the oral judgment dated 19.07.2022 passed by the learned Single Judge in Special Civil Application No. 13255 of 2022.

2. The brief background of facts are that present appellant-original petitioner in Special Civil Application No. 13255 of 2022 is engaged in the activity of desalinating sea water and extracting salt and is carrying allied activities. The appellant was granted land bearing Traverse Survey No. 155/1 paiki admeasuring 18000 sq. mtrs. at Village Kidana, Taluka Gandhidham, District Kutch and the allotment was made pursuant to order dated 29.07.2008. Such grant has also been mutated in the revenue records in favour of the appellant and by drawing panchnama, physical possession of the land was also entrusted to the appellant by Circle Officer on 22.08.2008. Pursuant to such allotment, plans were got approved and within the prescribed time, construction as per the plan was also made. Having verified the said fact of construction and compliance of stipulations attached thereof with the competent authority, even had issued completion certificate on 20.10.2009, and this entire fact has been mutated even in the revenue records.

2.1. It is the case of the appellant that opponent no. 1 then issued a show cause notice on 15.07.2010 and simultaneously issued an order of demolition on 09.08.2010, alleging that construction made by the appellant was not legal nor in consonance with the permission granted and when the present appellant did not comply with the said order of demolition, a reference was made being Reference No. 62 of 2011 in view of Section 12(1) of Gandhidham (Development and Control on Erection of Buildings) Act, 1957 (hereinafter referred to as the “Act”). The said reference was prepared and presented on 04.05.2011 by opponent no. 1 before Principal District Judge, Kutch-Bhuj. The said reference was for constitution of Board of Appeal in view of Section 19 of the Act and having received the notice thereof, appellant filed his detailed reply on 25.05.2022. By objecting against such reference supportive documents having been attached by the appellant along with reply to contest the reference and it was specifically contended that detailed mandatory procedure prescribed under Section 11 of the Act is to be observed which having not been done, reference deserves to be dismissed.

2.2. It is the case of the appellant that, Board of Appeal then existing disposed of the reference by issuing certain directions by relying upon concession made by the appellant and without examining the merit. In fact, appellant has not made any concession of whatsoever nature at any stage of hearing. In fact, appellant had contested the reference by filing exhaustive reply and attached all documents, but still the Board of Appeal, disposed of the reference vide order dated 04.06.2022, as a result of which, the present appellant approached this Court by way of Special Civil Application No. 13255 of 2022.

2.3. The learned Single Judge upon hearing the parties has dismissed the petition by order dated 19.07.2022 and it is this order passed by the learned Single Judge which is made the subject matter of present Letters Patent Appeal before us.

3. Initially, after hearing the learned advocate appearing for the appellant, this Court issued notice and considering the contentions and stand taken by respondent, this Court granted interim relief in terms of paragraph 8 (C) in Civil Application 1 of 2022 and same is extracted here-under for immediate reference:

(1) Heard Mr. C.J. Vin, learned counsel appearing for the appellant.

(2) Issue Notice returnable by 25.08.2022.

(3) The learned Single Judge while dismissing the Special Civil Application has observed that Special Civil Application No. 12820 of 2022 which was filed challenging the order dated 04.06.2022 was withdrawn by the petitioner which prima-facie is erroneous inasmuch as the appellant herein