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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S.SUPEHIA, R.T.VACHHANI
Satishbhai Shantilal Shah – Appellant
Versus
State Of Gujarat – Respondent
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 ma
The court emphasized the necessity for strict adherence to building regulations and the conditions for issuing completion certificates to prevent unauthorized constructions.
Unauthorized constructions violating approved plans must be demolished; regularization is not an absolute right and must consider public interest and safety.
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....
The court mandates processing of pending applications for regularization of unauthorized constructions under specified timelines to uphold compliance with municipal regulations.
The court mandated the Municipality to expeditiously process the pending regularization application for unauthorized construction, emphasizing compliance with statutory timelines and precedents set b....
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 without proper proof, and courts are mandated to enforce compliance strictly with planning laws.
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