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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MAUNA M.BHATT
Mohmmad Sarifvisad Purvala – Appellant
Versus
Ahmedabad Municipal Corporation – Respondent
JUDGMENT :
MAUNA M. BHATT, J.
1. Captioned writ petitions are filed seeking to quash and set aside execution and implementation of the notices issued by respondent Nos.1, 2 and 3, dated 11.01.2021; whereby the petitioners were directed to vacate their respective dwelling units within a period of four days, failing which, action in accordance with Law has been indicated. Respondent No.1 herein is Ahmedabad Municipal Corporation, Respondent No.2 is Commissioner of Police, Ahmedabad and Respondent No.3 is Police Inspector, Jamalpur, Ahmedabad. It is also further prayed that respondents may be directed to provide Legal Security of Tenure/Right to Adequate Housing recognized under Article 11 of International Covenant on Economic, Social and Cultural Rights and other rights narrated in Part III of Constitution of India. The prayer with regard to decision on representation of the petitioners is also made. From earlier orders dated 17.02.2021, 13.03.2021, 15.03.2021 and 23.03.2021 in the captioned writ petitions, it is noticed that after filing of these petitions, time was sought either by petitioners’ advocate or by respondents’ advocate however, till date no notice has been issued in these
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 rejection of prior regularization applications under the GRUDA Act negates claims for protection against demolition notices issued by the municipal corporation.
Point of law: Giving false evidence by filing false affidavit is an evil which must be effectively curbed with a strong hand. Prosecution should be ordered when it is considered expedient in the inte....
Unauthorized constructions cannot be legitimized by time or inaction; strict enforcement of demolition orders is essential to uphold the rule of law.
The court affirmed that any citizen can file complaints regarding unauthorized constructions, emphasizing strict enforcement of planning laws to prevent illegal activities.
Municipal authorities must act promptly against unauthorized constructions, as they violate planning laws and undermine public interest.
Point of Law : Prevalent situation either in the limits of the Corporation, Municipality or the Panchayat if noticed, it would demonstrate clear apathy on the part of the Authorities towards the citi....
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