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SCA/16564/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 16564 of 2010
To
SPECIAL
CIVIL APPLICATION No. 16573 of 2010
=================================================
HEMAL
THAKKER - SHOP NO.1-2-3-17 - Petitioner(s)
Versus
AHMEDABAD
MUNICIPAL CORPORATION & 2 - Respondent(s)
=================================================
Appearance :
MS
SUDHA R GANGWAR for Petitioner(s) : 1,
None for Respondent(s) : 1
- 3.
=================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 27/12/2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
These
writ petitions have been preferred by the petitioners, who are
owners/occupiers of respective shops in the building named `Trade
Centre’. According to them, the Town Development Department of the
Municipal Corporation of Ahmedabad by their Reference No. INFC/WZ/59
dated 13.02.1998 allocated the cellar of the building for the purpose
of parking. The grievance of the petitioners is that the 2nd and 3rd
respondents are claiming to be owners of the cellar portion of the
building, which is meant for parking vehicles of the shopkeepers and
others, and the 2nd and 3rd respondents have approached the Municipal
Corporation of Ahmedabad for regularization of the construction made
in the cellar of the building by paying impact fee. Therefore,
prayer has been made to declare that the said cellar of the building
is meant for parking vehicles and to direct the Municipal Corporation
of Ahmedabad to demolish the illegal construction made in the
building.
2. From
the record and on the basis of the arguments, it appears that the 2nd
respondent has already preferred a Suit, being Civil Suit No.2678 of
2010 in the City Civil Court praying for a declaration that the area
of 8500 sq.ft in the cellar of the building `Trade Centre’ is of
their ownership. Counsel for the petitioners state that they have
already filed a Written Statement and objected the same. In view of
such pendency of the Suit, and as there appears to be a disputed
question of title raised and pending before the court of law, this
Court is not inclined to issue any writ for demolition of any
building or relief as sought for in the present case. It will be
open to the petitioners to move before the Civil Court of competent
jurisdiction for appropriate relief and/or raise all these issues in
the pending Suit. This order shall also not stand in the way of the
petitioners to bring all these facts to the notice of the
Corporation, which may notice the relevant facts before taking any
decision. The writ petition is disposed of with the aforesaid
observations. No costs.
(S.J.
MUKHOPADHAYA, C.J.)
(K.M.
THAKER, J.)
[sn
devu] pps
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