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SCA/8209/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8209 of
2008
=========================================
MUHAMMAD
SIDDIQ HAJIALI MEMON & 3 - Petitioner(s)
Versus
SURAT
MAHANAGARPALIKA & 1 - Respondent(s)
=========================================
Appearance
:
MR MTM HAKIM
for MR ARIF A SHAIKH for Petitioner(s) : 1 -
4.
None for Respondent(s) : 1 -
2.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.S.SHAH
and
HONOURABLE
MR.JUSTICE D.H.WAGHELA
Date
: 17/06/2008
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE M.S.SHAH)
Mr Hakim appearing
for Mr AA Shaikh invites our attention to the notices dated
28.10.2005 and 29.11.2005 of the Executive Engineer of the respondent
Corporation to show that even according to the respondent Corporation
the shops in question required repairs and therefore, the petitioners
had undertaken the exercise of repairing and reconstruction of the
shops, but instead of reconstructing a two storied building, the
petitioners have only reconstructed the shops on the ground floor
without any construction on the first floor. Mr Hakim submits that
for the purposes of carrying out repairs / reconstruction of the
existing building only notice is required to be given to the
Municipal Commissioner under Section 254 and no permission is
required to be obtained under Section 253 of the Act. Mr Hakim
further submits that the notice dated 09.06.2008 and the subsequent
notice dated 12.06.2008 have been issued by the Corporation only on
account of litigation instituted in the Small Causes Court by a party
claiming to be a tenant of the property on the ground floor.
NOTICE returnable on
21.07.2008. In the meantime, while we restrain the respondents from
implementing the impugned notice dated 12.06.2008 at Annexure-K to
the petition, we further direct the respondent Corporation to
examine, without prejudice to the rights and contentions of the
parties, whether the construction in question is otherwise in
accordance with the building regulations of the Corporation.
The necessary report
shall be submitted by the respondents on the returnable date. Direct
service is permitted.
[M.S. SHAH, J.]
[D.H.WAGHELA, J.]
mrpandya*
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