IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 14873 of 2018 ==========================================================

VASUDEV KANAIYALAL THAKKAR Versus RAJNISH MAHAJAN & ORS.

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Appearance:

PARTY IN PERSON(5000) for the Petitioner(s) No. 1 MS SUMAN J MOTLA AGP for the Respondent(s) No. 2,5,6 MR MIHIR JOSHI SENIOR ADVOCATE WITH MR SALIL M THAKORE(5821)

for the Respondent(s) No. 1 MR MAULIK NANAVATI ADVOCATE FOR NANAVATI & CO.(7105) for the Respondent(s) No. 3,4 ==========================================================

CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA Date : 12/03/2026

ORAL ORDER

[1] By way of this petition under Articles 226 of the Constitution of India, the petitioner – Party-in-Person has approached this Court with the following reliefs. Free translation thereof is produced hereinbelow:

“Prayer:

(23) Considering the General Development Control Regulations (GDCR) of the Government of Gujarat and other relevant Acts/rules, it is clear that by conducting commercial activities in the parking area and collecting parking charges, the employees, CEO, and owners of Inorbit Malls (India) Private Limited have violated the provisions of Section 19, etc., of the General Development Control Regulations of the Government of Gujarat. Therefore, it is my prayer to Your Honour to pass an order that the employees, CEO, and owners of Inorbit Malls (India) Private Limited shall immediately hand over reserved space for free vehicle parking to the management of Cine- Police Multiplex Theatre, one square meter per seat, totaling approximately 1,000 square meters for 1,000 seats.

(24) As per the General Development Control Regulations (GDCR) of the Government of Gujarat and other relevant Acts and rules, Inorbit Malls (India) Private Limited was granted permission to construct a building in Vadodara city. Contrary to the conditions thereof, the CEO and owners of Inorbit Malls (India) Private Limited have illegally rented out compulsory open spaces within the Inorbit Mall Vadodara building for dining tables, ice cream parlors, various petty food business operators, and other commercial entities against the rules. It is humbly prayed to order the Municipal Commissioner of Vadodara to investigate this, immediately stop such unauthorized commercial activities, and conduct regular monitoring to ensure that such illegal commercial activities do not recur.

(25) The employees, CEO, and owners of Inorbit Malls (India)

Private Limited have committed a criminal act by encroaching upon approximately 50 feet by 100 feet of government road land from the boundary line of the entry and exit gates of Inorbit Mall Vadodara to develop a garden, and by placing private barricades on the public highway against rules, thereby obstructing the smooth flow of public traffic. May Your Honour be pleased to pass a joint order to the Municipal Commissioner, Vadodara, and the Police Commissioner, Vadodara, to remove the encroachment made by the employees, CEO, and owners of Inorbit Malls (India) Private Limited on the said government road land and to open the main public road for the citizens, and to permanently remove the private barricades.

(26) Under the standing order issued by the Director General of Police by the order of the Home Department of the Government of Gujarat, the Police Commissioner, Vadodara, has issued Notification No. G/CP/Vi.Sha/Shop, Office, Industrial Units, Rent/Notification/2063/2018 dated 21/06/2018. However, by not complying with the said Notification, the employees, CEO, and owners of Inorbit Malls (India) Private Limited have committed a criminal act. May Your Honour be pleased to issue an order to the Police Commissioner, Vadodara, to initiate criminal and other legal proceedings regarding these criminal acts.

(27) I have submitted a written complaint on 28/06/2018 to the Police Inspector of the local Gorwa Police Station, Shri R.S. Dodiya, regarding the intentional