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ARAVIND KUMAR, ASHUTOSH J. SHASTRI
BHAVAN SANGA GAMARA – Appellant
Versus
RAJKOT MUNICIPAL COMMISSIONER – Respondent
ORDER :
(ASHUTOSH J. SHASTRI, J.)
1. Present Letters Patent Appeal under Clause 15 of the Letters Patent is directed against the oral order dated 6.6.2022 passed by the learned Single Judge in Special Civil Application No.3177 of 2016.
2. The case of the appellants- original petitioners is that for the benefit and welfare of animals, a shelter house came to be constructed after following proper procedure and in accordance with law and after obtaining necessary permissions. On account of financial crunch observed by Panjra Pole Trust, commercial shops were constructed on one part of the building facing subject road, which is proposed to be 24 meters vide, and on the other side of the building, residential quarters are constructed. These commercial shops and construction put up were with a sole idea to generate income since appellants being occupiers and tenants of these shops they are regularly paying rent to Goushala which proceeds are being utilized for welfare of the animals and utilized for their shelter and nourishment.
3. It is the case of the appellants that in the year 1996, work of Town Planning Scheme Nos.7 and 8 for city of Rajkot came to be drafted, which got finalized and
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