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SCA/13362/2008 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13362 of 2008
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CHARUTAR
VIDYA MANDAL - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
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Appearance :
MR
DC DAVE for Petitioner(s) : 1,
MS.VAJAYANTI PATHAK, ASSISTANT
GOVERNMENT PLEADER for Respondent(s) : 1,
MR.TRILOK
PATEL for Respondent : 2
MR.DEVANG
VYAS for Respondent : 4
None for Respondent(s) :
3,
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 07/11/2008
ORAL
ORDER
(1) In
response to the notice issued by this Court, Shri Trilok Patel,
learned advocate has appeared on behalf of the respondent No.2,
Karamsad Municipality. It is submitted by Shri Trilok Patel, learned
advocate appearing on behalf of the respondent No.2 that the
petitioner has already approached the Collector by way of appeal
U/S.258 of the Gujarat Municipalities Act. It is also further
submitted by the learned advocate appearing on behalf of respondent
No.2 that the construction put up by the petitioner-institution is
absolutely illegal and without obtaining any permission of the
Municipality and even without getting the plan sanctioned. It is
submitted by the learned advocate appearing on behalf of the
respondent No.2 that as such approximately an amount of
Rs.1,00,000,00/- (Rupees One Crore only) towards the arrears of
taxes, etc. is due and payable by the petitioner.
(2) Shri
D.C.Dave, learned advocate appearing on behalf of the petitioner has
submitted that considering the extraordinary situation and the fact
that the Educational Building, Staff Building and Administrative
Building were sealed by the Municipality and ultimately the students
were to be suffered, a representation was made to the Collector and
as immediate steps were not taken by the Collector, the present
Special Civil Application is filed. Therefore, it is requested to
consider the present Special Civil Application. It is further
submitted by Shri D.C.Dave, learned advocate appearing on behalf of
the petitioner that the petitioner has already submitted necessary
plans and even revised plans have already been submitted, which is
disputed by Shri Trilok Patel, learned advocate appearing on behalf
of the respondent No.2, Karamsad Municipality. Shri Dave, learned
advocate appearing on behalf of the petitioner has submitted that
petitioner will again submit an appropriate application for
regularization of the construction and petitioner is ready and
willing to deposit some amount on adhoc basis to show their
bonafides. However, it is requested to direct the Municipality to
remove the seal on appropriate conditions.
(3) Shri
Trilok Patel, learned advocate appearing on behalf of the respondent
No.2, Karamsad Municipality, under the instruction from his officer,
has submitted that if a reasonable amount is deposited by the
petitioner on adhoc basis and appropriate application for
regularization of the construction is submitted within a period of
twelve days from today, respondent No.2 has no objection if any
suitable direction is issued.
(4) Considering
the above, present Special Civil Application is disposed of with the
following observations and directions:-
Petitioner
to deposit Rs.35,00,000/- (Rupees Thirty Five Lacs only) with the
respondent No.2, Karamsad Municipality on purely adhoc basis on or
before 14th November, 2008 and petitioner shall also
submit an appropriate application for regularization of the
construction within a period of twelve days from today. Shri Dave,
learned advocate appearing for the petitioner has submitted that the
petitioner shall deposit the aforesaid amount within one week and
submit the necessary application with required documents for
regularization of the construction within a period of twelve days
from today.
As
and when the application for regularization of the construction is
submitted by the petitioner with required documents, respondent No.2
to consider the same in accordance with law and on merits at the
earliest. In view of the above and considering the peculiar facts and
circumstances of the case and the fact that the academic term is to
start from 10th November, 2008, respondent No.2 is
directed to remove the seals applied on the buildings, as stated in
the earlier order dated 06.11.2008, immediately on conditions that
the petitioner shall deposit the amount of Rs.35,00,000/-(Rupees
Thirty Five Lacs only) on or before 14.11.2008 and submit the
application for regularization of the construction on or before 19th
November, 2008. If the aforesaid amount is not deposited and the
application with all necessary documents are not submitted by the
petitioner on or before 19th November, 2008, the
respondent No.2 is at liberty to take action and there will not be
any indulgence shown herein above.
In
view of the above, now, there shall not be any proceedings pending
before the Collector with respect to the subject matter.
With
this, present Special Civil Application is disposed of. Liberty to
apply in case of difficulty, by filing an appropriate application by
either party.
Direct
service is permitted.
[M.R.SHAH,J.]
jani
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