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MAUNA M. BHATT
Atul Kantilal Mehta – Appellant
Versus
Municipal Commissioner – Respondent
JUDGMENT :
(Mauna M. Bhatt, J.)
1. RULE. Learned Government Pleader Mr. G. H. Virk with learned advocate Mr. S. H. Virk for respondent Nos. 1 and 2 waives service of notice of Rule on behalf of respondent Nos. 1 and 2.
2. This petition is filed with the following prayers:
(b) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, declaring that in view of provisions of Sec. 5 of the Gujarat Regularization of Unauthorized Development Act, 2022 when application for regularization has been made under Sec.6 thereof, the notice for demolition issued by respondents remain suspended till the competent authority under the GRUDA Act finally decides the applications (Annexure-W) for regularization made by petitioners for the reasons stated in the memo of petition and in the interest of justice.
(c) Pending admission, hearing and final disposal of the present petition, Your Lordship be pleased to stay the execution, implementation and operation of order/notice dated 23.10.2018 passed by the respondent no. 2 under Sec. 260(2) of the GPMC Act (Annexure-O) and restrain the respondent nos. 1 and 2 fro
The rejection of prior regularization applications under the GRUDA Act negates claims for protection against demolition notices issued by the municipal corporation.
The court determined that unauthorized construction cannot be regularized and emphasized strict compliance with municipal regulations and housing rights, rejecting the claims of the petitioners.
The court affirmed that grievances regarding unauthorised constructions should be addressed under the Gujarat Regularisation of Unauthorised Development Act, 2022, ensuring compliance with legal prov....
Unauthorized constructions cannot be legitimized by time or inaction; strict enforcement of demolition orders is essential to uphold the rule of law.
The court upheld the necessity of fair hearing in administrative decisions regarding construction regularization, mandating compliance with procedural principles under natural justice.
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