Municipal authorities must enforce compliance with building regulations; unauthorized constructions are subject to demolition regardless of financial implications.

JUDGEMENT

(PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA) 1. By this writ-application, in the nature of a public interest litigation, the petitioner, a municipal councilor of the Dhoraji Nagar Palika has brought to our notice that the private respondents have made unauthorized construction without any valid permission from the Dhoraji Municipality and also without sanction of any revised plans. According to the petitioner, the respondent no.6-Dhoraji Municipality, owes a legal duty to enforce the rules and regulations governing the building construction and also other provisions of law.

2. The case made out by the petitioner may be summed up thus:

2.1 The respondent no.5, Dhoraji Area Development Authority, is the authority for grant of permission for development within the limits of the Dhoraji town. The authority has to act in consonance with the provisions of the Gujarat Town Planning and Urban Development Act, 1976 (for short “the Act of 1976”). The authority is obliged to ensure that the laws relating to the building and zoning are scrupulously followed by one and all. The revised development scheme of Dhoraji of the year 1989 is applicable in case of such developmental activities.

2.2 Although many illegal constructions have been made in the Dhoraji town, yet the respondent nos.5, 6 and 7 have failed to take any steps in accordance with law.

2.3 The respondent nos.12 to 16 are the owners of the Unique School of Science. Although permission was given to the respondent nos.12 to 16 to put up construction upto the first floor, yet without any permission or sanction of necessary plans have put up construction of the second and third floor.

2.4 The respondent nos.8 to 11 although were accorded permission to put up construction of ground plus three floors according to the sanctioned plan on plot no.166, Sheet No.107, City Survey No.1602, admeasuring 553.39 sq.mtrs. yet a fourth floor has been constructed without any valid permission or sanction of the plans.

2.5 One Shri Dineshbhai Gordhanbhai Topiya and his associates have constructed one unnamed building without any valid permission from the respondent no.6, Dhoraji Nagar Palika. Although the petitioner had brought to the notice of the respondent nos.6 and 7 regarding the same by filing an application dated 19th July 2013 and 30th August 2013 respectively under the Right to Information Act, yet till date no steps have been taken for demolition of the same.

2.6 In such circumstances, referred to above, the petitioner has prayed for the following reliefs:

“12.

The petitioner prays that in the above premises, this Hon'ble Court may be pleased:

(a) to allow this petition and issue a writ of mandamus or any other appropriate writ, direction or order in the nature of writ, enjoining upon the concerned respondents to take swift and stringent action to put an end to any further construction not only in respect of such constructions, but also, enjoin upon the respondents not to permit any new unauthorized construction(s) forthwith and direct demolition of the constructions already made, as;

(b) to grant interim relief by enjoining upon the concerned respondents to take swift and stringent action to put an end to any further construction not only in respect of such constructions already made, but also, enjoin upon the respondents not to permit any new unauthorized construction(s), pending admission, hearing and final disposal of this petition;

(c) to