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2024 Supreme(Guj) 969

VAIBHAVI D. NANAVATI
Bhavdeep Co-operative housing society Ltd. Through Ushaben Natvarbhai Amin – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Petitioners: Mr. Yatin Oza, Sr. Adv. with Mr. Jit P. Patel.
For the Respondents: Ms. Dhwani R. Tripathi, AGP., Mr. Deep D. Vyas, Mr. Harsh N. Parekh, Mr. Hasmukh C. Patel, Mr. Satyam Y. Chhaya.

JUDGMENT :

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

    “7. In the aforesaid premises, the petitioners prays as under :

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 authorities 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 notice dated 31.3.2022 issued by the respondent authorities to the extent that it seeks to direct the petitioner no. 1 society and its me

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