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2024 Supreme(Guj) 544

VAIBHAVI D. NANAVATI
Nirmalkunj Cooperative Housing Society Limited – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms Amrita M Thakore Government Pleader
For the Respondent: Mr. Deep D Vyas, Mr. DG Chauhan, Mr. Satyam Y Chhaya, Ronak D Chauhan, Advs.

JUDGMENT :

1. By way of present petition under Article 226 of the Constitution of India, the petitioners herein have prayed for the following reliefs:

    “A. This Hon'ble Court may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction:

(i) Holding and declaring that the action of the respondent nos. 2 to 4 of directing the petitioner no. 1 society and its members to repair and secure the dilapidated, dangerous and ruinous structures of the petitioner no. 1 society instead of taking appropriate steps to have these dangerous structures vacated/evicted and demolished, is without any application of mind, unconstitutional, unreasonable, irrational, unjustified, and amounts to a refusal to perform their duty under the provisions of the Gujarat Provisional Municipal Corporations Act, 1949 and is in clear disregard and contravention of the provisions of the Gujarat Ownership Flats Act, 1973.

(ii) Quashing and setting aside the notices dated 11.9.2018, 6.6.2019 and 19.5.2021 issued by the respondent nos. 2 to 4 to the extent that such notices seek to direct the petitioner no. 1 society and its members to repair and secure the d

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