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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, D.N.RAY
Shaikh Malka Ishakbhai – Appellant
Versus
Union Of India – Respondent
ORDER :
SUNITA AGARWAL, J.
ORDER IN CIVIL APPLICATION NO.5339 of 2024:-
The delay 17 days caused in filing the main Letters Patent Appeal has been explained to the satisfaction of the Court. The delay is condoned. The Civil Application is disposed of.
The Registry is directed to allot the regular number to the Letters Patent Appeal, forthwith.
ORDER IN LETTERS PATENT APPEAL NO.743 of 2025:-
1. This is an appeal challenging the judgment and order dated 30.08.2024 passed by the learned Single Judge. By means of the order dated 23.10.2024, we have required the learned counsel appearing for the Corporation to place before us as to whether the Regulations for Residential Township, 2009 framed by the Planning & Urban Development Department of the State Government would be applicable to the building in question. In the response brought before us, it is admitted that the constructions in question were made under the Jawahar Nehru Urban Renewal Mission Scheme, which has not been notified under the Regulations for Residential Township, 2009 and hence, the said Regulations would not be attracted in so far as the issues raised in the writ-petition and in the present appeal.
2. We may note that the wr
The court determined that the statutory responsibility for maintaining communal living conditions lies primarily with the Municipal Corporation, especially for economically disadvantaged residents, w....
Letters Patent Appeals - Rent Control and Eviction - Tenant - Restrictions on user of buildings and removal of dangerous buildings - Saving inheritance of High Court - Power conferred under Section 2....
The Municipal Corporation must determine building fitness without imposing undue burdens on tenants, such as providing structural inspection reports without due procedure.
Municipal authorities require statutory basis to enforce repairs; private disputes must be settled in civil courts.
Residents must utilize regulatory frameworks for grievances regarding housing conditions rather than challenge eviction notices directly in court.
The central legal point established in the judgment is the reliance on conflicting structural audit reports and the interpretation of Section 433-A of the Maharashtra Municipal Corporations Act to de....
The court emphasized the importance of preserving the authenticity of historic buildings and the need for legal measures to ensure safety and stability.
Municipalities must consider all relevant expert reports in safety decisions for public structures, ensuring due process.
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