SCA/8357/2008 3/ 3 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8357 of 2008 ========================================================= PRAVINBHAI TALAKSHIBHAI KOTAK - Petitioner(s) Versus STATE OF GUJARAT & 3 - Respondent(s) ========================================================= Appearance : MR MIHIM JOSHI with MR TANVISH BHATT for M/S WADIA GHANDY & CO for Petitioner(s) : 1, MR JK SHAH ASSISTANT GOVERNMENT PLEADER for Respondent(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 1 - 4. MR HS MUNSHAW for Respondent(s) : 2, MR RR MARSHALL for Respondent(s) : 4, ========================================================= CORAM : HON'BLE SMT. JUSTICE ABHILASHA KUMARI Date : 25/06/2008 ORAL ORDER
1. Mr.
Mihir Joshi, learned Senior Advocate with Mr. Tanvish Bhatt, learned
counsel for the petitioner, submits that pursuant to the order dated
11th March, 2008, rendered in Special Civil Application
No. 12282 of 2007, the petitioner had made a fresh application for
grant of NA permission in respect of Block Nos. 298/A, 298/B, 299,
302, and 307 situated at Village Bopal, Taluka Daskroi, District
Ahmedabad. It is submitted by the learned counsel for the petitioner
that even though the lay out plan was in respect of the above
mentioned Block numbers as well as Block no. 308/K, of Village Bopal,
inadvertently, the application dated 21st March, 2008,
submitted by the petitioner for the grant of NA permission had not
mentioned Block No. 308/K and had only mentioned five Block numbers
in respect of which NA permission was applied for.
1.1. It
is submitted by the learned Senior Advocate that the petitioner,
thereafter wrote a letter dated 17th May, 2008 to the
respondent no. 2, along with all the relevant documents, with a
request to grant NA permission in respect of Block No. 308/K, in
addition to the five Block numbers in respect of which NA had been
applied, as this Block number had been inadvertently left out in the
application dated 21st March, 2008 and the NA permission
in respect of Block No. 308/K may also be processed. Since the
concerned respondent did not take any steps to process the NA
permission in respect of Block No. 308/K, the petitioner has
approached this Court with a prayer to direct the respondent no. 2 to
consider the application for NA permission for the land bearing
Block No. 308/K at Village Bopal, Taluka Daskroi, District Ahmedabad.
2. Mr.
H.S. Munshaw, learned counsel for the respondent no. 2, has submitted
that the petitioner has not applied in proper format for NA
permission, for the land bearing Block No. 308/K and as this piece of
land is not included in Special Civil Application No. 12282 of 2007,
and there is no direction from the Court, NA permission in respect of
this land cannot be granted, until a proper application is filed and
appropriate directions are issued by the Court. Mr. H.S. Munshaw,
has emphasized, that under the provisions of Section 65 of the Bombay
Land Revenue Code, the competent authority is required to process
various documents and take the opinion of various authorities and,
therefore, the period of 90 days is mandatory, before the application
for NA permission is processed.
3. In
view of the above submissions of the learned counsel for the
respective parties, it is directed that the petitioner may make an
application for NA permission in respect of land bearing Block No.
308/K in the proper format, which may be processed by the respondent
no. 2 as expeditiously as possible, and without unavoidable delay,
taking into consideration the observations of the Court, in the order
dated 11th March, 2008, order dated 8th May,
2008, rendered in Special Civil Application No. 12282 of 2007.
4. The
petition is disposed of, in the above terms. Liberty is reserved to
the petitioner, in case of difficulty.
Direct
Service is permitted.
[Smt.
Abhilasha Kumari, J.]
/phalguni/