The court emphasized the necessity for strict adherence to building regulations and the conditions for issuing completion certificates to prevent unauthorized constructions.

ORDER :

A.S. SUPEHIA, J.

1. At the outset, learned advocate Mr.Trivedi has pointed out the decisions of the Apex Court in the case of Rajendra Kumar Barjatya and Anr.; Rajiv Gupta and Ors. vs. U.P Avas Evam Vikas Parishad and Ors. , 2024 LawSuit (SC) 1172 dated 17.12.2024 passed in Civil Appeal Nos.14604 and 14605 of 2024 and in the case of Kaniz Ahmed Vs. Sabuddin and Ors. , 2025 LawSuit (SC) 646 dated 30.04.2025 passed in Special Leave to Appeal (Civil) Nos.12199 and 12200 of 2025 and has submitted that the action of the respondent- Municipality of regularizing unauthorized construction is contemptuous. He has submitted that due to pendency of the present Public Interest Litigation (PIL), one of the properties being City Survey No.414 is already regularized by invoking the provisions of the Gujarat Regularisation of Unauthorised Development Act, 2022, (for short “the GRUDA”), whereas for another property being City Survey No.1026, the application for regularization is still pending.

2. Learned advocate Mr.Majmudar has pointed out the decision of the Coordinate Bench of this Court dated 03.02.2025 passed in Writ Petition (PIL) No.137 of 2011 and has submitted that the present PIL may be disposed of in terms of the said order.

3. We have heard the learned advocates for the respective parties and also perused the documents as pointed out by them.

4. It is not in dispute that initially the private respondent Nos.9 and 10 had constructed a hospital on land bearing City Survey N0.414. Thereafter, the said property was purchased by respondent No.10. It is also not disputed that the aforesaid construction was unauthorized and the application for regularization of such construction under the GRUDA was filed and the same is allowed. So far as the application for unauthorized construction of shops on the land bearing City Survey No.1026 is concerned, the same is still pending.

5. The Coordinate Bench vide order dated 03.02.2025 passed by in WPPIL No.137 of 2011, in case of unauthorized construction relating to the very same Nagarpalika, has observed thus:

“20. The learned senior counsels and other counsels appearing for the respondent Nos. 8 to 20 would submit that all the respondents whose constructions have not been regularised so far, will move their applications within a period of 2 weeks from today along with the copy of this order. On such application being filed, the designated authority shall be required to fix a date for grant of personal opportunity of hearing and shall intimate the same to the applicants. The respondents/ applicants shall cooperate and will not make any effort to prolong/ delay or stall the proceedings before the designated authority. In any case, all such applications filed shall be decided by the designated authority, as expeditiously as possible, preferably within a period of six weeks of the receipt of this application after grant of due opportunity of hearing, strictly in accordance with law.”

6. At this stage, we may refer to the observations recorded by the Apex Court in the case of Rajendra Kumar Barjatya and Anr.(supra), wherein the Apex Court, after survey of array of judgements, has issued following directions :

“21. Therefore, in the larger public interest, we are inclined to issue the following directions, in addition to the directives issued by this Court in Re:

Directions in the matter of demolition of structures (supra):

(i) While issuing the building planning permission, an undertaking be obtained from the builder/applicant, as the case may be, to the effect that possession of the building will be entrusted and/or handed over to the owners/beneficiaries only after obtaining completion/occupation certificate from the authorities concerned.

(ii) The builder/developer/owner shall cause to be displayed at the construction site, a copy of the approved plan during the entire period of construction and the authorities concerned shall inspect the premises periodically and maintain a record of such inspection i