IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 756 of 2026 ==========================================================

ARISA BHUWAN JAIN DHARMASHALA TRUST Versus STATE OF GUJARAT & ANR.

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Appearance:

MR. PARAM. S. DAVE(14217) for the Petitioner(s) No. 1 MR MAYANK CHAVDA, AGP for the Respondent(s) No. 1 MS SHALINI S MAIR(2681) for the Respondent(s) No. 2 ==========================================================

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

ORAL ORDER

1. Heard Learned Advocate Mr.Chitrajeet Upadhyay with Learned Advocate Mr.Param Dave for the petitioner and Learned Advocate MsShalini Mair for respondent No.2 Nagarpalika.

2. At the outset, it is required to be noted that in the earlier round of litigation being Special Civil Application No.17769 of 2022, this Court has held as under:

“4. Learned advocate Mr. Hari Patel for learned advocate Mr. Deepak Sanchela could not dispute the revised development granted to the petitioner – Trust vide order dated 08.07.2022. Learned advocate fairly submitted that if the petitioner undertakes to construct as per the revised development permission dated 08.07.2022, the grievance would not survive and no prejudice will be caused to the respondent, if the order dated 30.09.2019 is quashed and set aside.

5. Considering the submissions, following order is passed:-

5.1 Earlier orders dated 06.09.2019 and 30.09.2019 are hereby quashed and set aside.

5.2 The petitioner is directed to construct as per the development permission dated 08.07.2022. The petitioner is further directed to file an undertaking before the respondent –

Nagarpalika to the said effect.

5.3 Once the undertaking is filed by the petitioner the earlier seal applied by respondent – Nagarpalika is directed to be opened and further to permit construction as per the development permission dated

08.07.2022.”

3. Considering the aforesaid, coordinate Bench of this Court has directed the petitioner to construct as per the revised development permission dated 08^th July, 2022 and accordingly, the petitioner has also filed an undertaking before the Nagar Palika.

4. Despite the undertaking is filed and despite the specific direction to the Nagarpalika to open the seal, Nagarpalika appears to have issued another notice dated 11^th December, 2025 directing the petitioner to submit sanctioned plan after 07^th October, 2025.

5. Whilst the said notice is impugned before this Court by way of this petition, in the interregnum, Nagarpalika appears to have issued another notice for removal of the construction which is contrary to the initial development permission dated 07^th October, 2017.

6. It appears that prima facie, Nagarpalika through its Chief Officer, appears to have acting in defiance of the order of this Court dated 07^th October, 2025 in Special Civil Application No.17769 of 2022. I say so because in the said order, Learned Advocate then appearing for the Nagarpalika not disputed the fact of issuance of revised development permission dated 08^th July, 2022 and accordingly, on such stand being taken, the coordinate Bench of this Court has directed the petitioner to act in accordance with the said revised development permission and to file undertaking to that effect.

7. Once the stand of the Nagarpalika in so far not disputing the revised development permission dated 08^th July, 2022, this Court failed to understand how the impugned notice dated 11^th December, 2025 can be issued upon the petitioner asking any other or further sanctioned plan after 07^th October, 2025.

8. Before taking stern action against the Chief Officer and Nagarpalika, this Court would like to give one more opportunity to the concerned respondent.

9. By the next date of hearing, Chief Officer of the Nagarpalika shall personally file his affidavit explaining the impugned notice dated 11^th December, 2025 and 30^th January, 2026 and shall remain personally present so that further action,