Pareshbhai Dhirajlal Thakkar vs Radhanpur Nagarpalika

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Guj) 1687

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.Y. KOGJE, J.
Pareshbhai Dhirajlal Thakkar – Petitioner
Versus
Radhanpur Nagarpalika – Respondent
R/Special Civil Application No. 1709 of 2022 With Civil Application (For Direction) No. 1 of 2022 With Civil Application (For Vacating Interim Relief) No. 2 of 2022 With R/Special Civil Application No. 1838 of 2022 With R/Special Civil Application No. 5212 of 2022
Decided On : 25-03-2022

Advocates Appeared:
For the Petitioners: Mr Yatin Oza with Ms. Prachi J. Thakkar
For the Respondents: Mr. Deepak P. Sanchela, Mr. D. K. Puj.

Headnote:
Constitution of India, 1950 – Article 226 – These three petitions and Civil Applications are arising out of same subject matter, and therefore, at request of learned advocates for respective parties, same are taken up for joint hearing and final disposal – Held, One more aspect, which is required to be considered is that in revised N.A. Permission, sanctioned plan shows portion of land where shop in question land exist to be parking area, and therefore, intention of respondent no.4 was very much clear – Submission was also made regarding a huge investment already made by the respondent no.4 in construction so far, and therefore, any interference will put petitioner to a great disadvantage. Considering fact that development permission was granted, construction would not have reached to a position that it cannot be reversed or be putting respondent no.4 in an irreversible position – In view of aforesaid fact situation, order passed by Deputy Collector along with layout plan is ordered to be quashed and set aside. Over and above, Development Permission in Case along with the plan sanctioned by Chief Officer is ordered to be quashed and set aside – Disposed of.

JUDGMENT :

1. Rule. Learned advocate Mr.Deepak Sanchela waives service of rule for the respondent no.1. Learned advocate Mr.D.K.Puj waives service of rule for the respondent no.4. Mr.Ayaan Patel, learned AGP waives service of rule for the respondent-State.

2. These three petitions and the Civil Applications are arising out of the same subject matter, and therefore, at the request of learned advocates for the respective parties, the same are taken up for joint hearing and final disposal.

3. The facts are recorded from the lead matter i.e. Special Civil Application No.1709 of 2022.

4. At the outset, it is noted that, as the hearing had partly taken place by virtual method, in place of affidavit-in-reply on behalf of the private respondents, the averments made in Civil Application No.2 of 2022 will be treated to be the response of the private respondents to the petition. All the parties are agreeable to this proposition.

5. Special Civil Application No.1709 of 2022 is filed with following prayer(s):-

“8(A) This Hon’ble Court may be pleased to admit and allow the present petition.

(B) This Hon’ble Court may kindly be pleased to issue a writ of certiorari or in the nature of certiorari or any other appropriate writ, order or direction thereby quashing and setting aside the impugned order dated 30.07.2018 passed by the Deputy Collector, Radhanpur as well as the impugned order dated 05.03.2021 passed by Area Development Authority, Patan and thereby direct the respondent authority not to demolish/dispossess the present petitioner from Shop No.4 situated at Revenue No.377/B/6, City Survey No.6553 admeasuring total area about 2934 Sq.mtr. Land at Radhanpur, Tal:Radhapur, Dist:Patan in pursuance of the above referred orders.

(C) Pending admission, hearing and final disposal of the present petition, this Hon’ble Court may kindly be pleased to stay the implementation, execution and operation of the impugned order dated 30.07.2018 passed by the Deputy Collector, Radhanpur as well as the impugned order dated 05.03.2021 passed by Area Development Authority, Patan or grant status quo qua the demolish/dispossess the present petitioner from Shop No.4 admeasuring total area of 165 Sq.ft. which is 15.32 Sq.mt. situated at Revenue No.377/B/6, City Survey No.6553 admeasuring total area about 2934 Sq.mt. land at Radhanpur, Ta:Radhanpur, Dist:Patan in the interest of justice.

(D) Ad-interim relief in terms of Paragraph No.8(C) may kindly be granted.

(E) ….”

6. Special Civil Application No.1838 of 2020 is filed with following prayer(s):-

“10(a) Your Lordships may be pleased to admit and allow the present petition.

(b) Your Lordships may be pleased to issue a writ of mamdamus or certiorari or writ in the nature of mandamus or certiorari or any other appropriate writ, order or direction by considering the application/representation dated 10.12.2021 under the provisions of Section 185 of the Gujarat Municipalities Act, 1963 for removing an unauthorized construction on the regular survey no.377/B/6, City Survey No.6553, Near Radhanpur Highway Cross Road by the respondent no.3 in the interest of justice.

(c) Pending admission and final hearing of the present petition, Your Lordships may kindly be grant status-quo on the construction mentioned into the application at Annexure-A to this petition situated at the regular Survey No.377/B/6, City Survey No.6553, Near Radhanpur Highway Cross Road in the interest of justice.

(d)…

(e) ...”

7. Special Civil Application No.5212 of 2022 is filed with following prayer(s):-

“18(A) Your Lordships may be pleased to issue a writ of certiorari/mamdamus or writ in the nature of certiorari/mandamus and/or any other appropriate writ, order or directions quashing and setting aside the impugned order dated 30.07.2018 of the Deputy Collector and order dated 05.03.2021 of the Area Development Authority, Patan as well as quash and set aside consequential plans sanctioned by virtue of the said impugned orders and direct the respon