Gujarat High Court Case Information System
Print
SCA/15711/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 15711 of 2010
=====================================
UMESHBHAI
JAYANTILAL DESAI & 1 - Petitioner(s)
Versus
AHMEDABAD
MUNICIPAL CORPORATION THRO'MUNICIPAL COMMISSIONER & 1 -
Respondent(s)
=====================================
Appearance
:
MR AMIT PANCHAL with MR DK PUJ
for Petitioner(s) : 1 - 2.
NOTICE SERVED BY DS for Respondent(s) :
1 - 2.
MR RM CHHAYA for Respondent(s) : 1,
MR BB NAIK, SENIOR
ADVOCATE with MR JAL SOLI UNWALA for Respondent(s) :
2,
=====================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 27/12/2010
ORAL
ORDER
1.0 The
petitioners are before this Court praying:
“8(B). Be
pleased to issue a Writ of Mandamus or any other appropriate Writ,
Order or Direction, directing the Respondent No. 1 to take
appropriate action against the Respondent No. 2 for carrying out the
construction of Jain Temple on Plot No. 34 of Vasantkunj Society,
Paldi, Ahmedabad-7, which is in contravention to the provisions of
the BPMC Act as well as GDCR and the Order passed by this
Hon’ble Court in Special Civil Application No. 23783/2010.”
2.0 The
matter was ordered to be heard with Special Civil Application No.
15696 of 2010.
3.0 Taking
into consideration the controversy involved in the matter and taking
into consideration the contents of affidavit in reply filed on behalf
of respondent no. 2 – Trust and taking into consideration the
statement made by learned advocate
Mr. Chhaya, on instructions
from the Officer present in the Court, and taking into consideration
the fact that the Deputy Estate Officer (West Zone) has already
issued Notice on
12th November 2010 to Shri Jashubhai
Manubhai Shah, Trustee of Ratnayatri Aradhana Bhavan Trust, no
further action is required to be taken. However, to see that, in
future, no further litigation is created, the Trustee – Shri
Jashubhai Manubhai Shah is directed to file an Undertaking to this
Court that they will follow the required procedure and will see that
the construction is supervised by the Officer of the Corporation from
time to time. The Undertaking shall be filed on or before
10th
January 2011.
3.1 Learned
Senior Advocate Mr. BB Naik with Mr. Unwala, learned advocate for the
respondent no. 2 – Trust submitted that the Trust is carrying
on the construction only according to the permission granted by the
Municipal Corporation, a copy of which is produced at Page 49 to this
petition.
3.2 Even
than, the aforesaid direction is issued as it is an innocuous one.
The Undertaking shall be filed as directed. The Officer of the
Corporation is directed to be more vigilant so that, unnecessarily,
it does not give rise to conflict between the rival groups.
4.0 With
these directions, the petition is disposed of.
[
Ravi R. Tripathi, J. ]
hiren
Top