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MAUNA M. BHATT
Hargovindbhai Motibhai Desai – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
(Mauna M. Bhatt, J.)
1. Rule returnable forthwith. Learned Assistant Government Pleader Mr. Dhawan Jayswal waives service of Rule on behalf of the respondents.
2. Heard Learned advocate Mr. Rajesh Chakwawala for learned advocate Mr. Kishan Chakwawala for the petitioner and Mr. Dhawan Jayswal for the respondents. Mr. Chakwawala has filed draft amendment dated 29.10.2024. The same is allowed in terms of the draft and ordered to be carried out forthwith.
3. The question to be answered in the present petition is of great importance in matters involving challenge to demolition process. This is particularly since in such type of matters, this Court’s primary duty is to ascertain whether the petitioner has approached this Court with clean hands and is not guilty of suppression of material facts. The approach adopted by the petitioner in the present case, as enumerated hereinafter, is deprecatory and condemnable. Not only has the petitioner suppressed material facts but has conveniently sought to mask his breach by filing a draft amendment (without an accompanying affidavit) on the ground of “typographical error”.
4. Brief facts of the petition are to the effect that the petition
Suppression of material facts in a writ petition can lead to dismissal and costs imposed on the petitioner.
Subsequent purchasers cannot challenge acquisition proceedings, and challenges to possession and allotment must be made within a reasonable time.
Demolition of residential structures requires adherence to due process and cannot occur without notice and an opportunity to be heard, ensuring rights under Article 300-A are protected.
Point of law: The principle of lis pendens is still settled principle of law. In this connection, the Full Bench of the Allahabad High Court in Ram Peary, AIR 1978 All 318] has considered the scope o....
Point of law: Jurisdiction of this Court under Article 226 of the Constitution of India is discretionary. Unless this Court is convinced that a person has approached it with clean hands, it is under ....
Illegal construction on government land without ownership or permission does not entitle the petitioners to challenge the Corporation's action. The Corporation's offer of alternative accommodation ma....
The impugned notice issued by GHMC was set aside as it was found to be illegal and arbitrary for not following the due procedure laid down under the law.
The main legal point established in the judgment is that the Petitioner's representation under Section 48 of the Act of 1894 was rejected by the Respondents and was not maintainable. The Petitioner's....
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