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Amatya Madanmohan Bhama v. State Of Gujarat & 2 Other(s)

Amatya Madanmohan Bhama v. State Of Gujarat & 2 Other(s)

(High Court Of Gujarat At Ahmedabad)

R/SPECIAL CIVIL APPLICATION NO. 6164 of 2016 | 07-02-2023

NIRZAR S. DESAI, J.

1. Learned advocate Mr. Mehul Sharad Shah appearing for the petitioner, upon instructions, states that for regularizing the alleged unauthorized construction, the petitioner has already applied under section 6 of the GRUDA Act, 2022.

2. Considering the fact that once an application is made under section 6 of the GRUDA Act for regularization of the unauthorized construction as per inbuilt mechanism of the Act as per section 5 of the Act, any action, order or notice shall remain suspended so long as the application remains pending before the Designated Authority and in case, if any adverse order is passed, it is always open for the concerned party aggrieved by the order to prefer an application under section 12 of the Act. As the petitioner has already applied under the GRUDA Act, 2022, the action under challenge also would remain suspended so long as the application remains pending before the designated authority and any decision would be a separate cause of action and therefore, this petition is not required to be kept pending and hence, the same is disposed of in view of the fact that the petitioner has already applied for regularization under the GRUDA Act at this stage. It is needless to say that since the Act itself provides for suspension of any notice, order or action, the disposal of this petition shall not adversely affect the petitioner.

3. It is expected that once the application is made, the provisions of the GRUDA Act shall be adhered to by the designated authority in its true spirit.

4. As far as the action initiated by the Collector is concerned, in view of the fact that under the provisions of GRUDA Act, 2022, the action initiated by the Corporation would remain suspended, the Collector also is directed not to take any coercive actions till the application is preferred under the GRUDA Act is decided.

5. In view of above, the present petition is disposed of.

6. Liberty to file fresh petition in case of any difficulty.

7. It is clarified that this Court has not gone into the merits of the matter, even in respect of the action initiated by the Revenue Authority.

Advocate List

  • MR MEHUL SHARAD SHAH

  • MS. SUMAN MOTALA, AGP, MR DHAVAL G NANAVATI

Bench
  • HON'BLE&nbsp
  • MR. JUSTICE NIRZAR S. DESAI
Eq Citations
  • LQ
  • LQ/GujHC/2023/676
Head Note

A. Town Planning and Development — Unauthorized construction — Regularization — Gujarat Regularisation of Unauthorised Development Act, 2022 (2 of 2022) — Ss. 5, 6 and 12 — Once application made under S. 6, any action, order or notice shall remain suspended so long as application remains pending before Designated Authority — Hence, petitioner having already applied under S. 6, action under challenge also would remain suspended so long as application remains pending before Designated Authority and any decision would be a separate cause of action — Petition disposed of — Constitution of India, Art. 226 (Paras 2 and 4) B. Town Planning and Development — Unauthorized construction — Regularization — Gujarat Regularisation of Unauthorised Development Act, 2022 (2 of 2022) — S. 6 — Once application made under S. 6, any action, order or notice shall remain suspended so long as application remains pending before Designated Authority — Petition disposed of — Constitution of India, Art. 226 (Paras 2 and 4)