HASMUKHBHAI GOBARBHAI VAISHNAV v. THE STATE OF GUJARAT & Ors.
Case at a glance
Outcome
Disposed of
In view of above, this petition is disposed of
Provisions considered
Key paragraphs
- Para 44. In view of the above facts, the Appellate Authority is directed to decide the appeal of the petitioner within a period of 2 months from the date of receipt of this order. It is open for the authority to consider the documents produced by…
- Para 66. In view of above, this petition is disposed of. Interim relief granted earlier stands vacated. NAIR SMITA V./03-SB-I (MAUNA M. BHATT,J) Original copy of this order has been signed by the Hon'ble Judge.
Judgment
========================================================== Appearance: MR MEET D KAKADIA(11896) for the Petitioner(s) No. 1 MR. ELESH S. BHARWAD(16979) for the Petitioner(s) No. 1 MS POOJA CHOUDHARY AGP for the Respondent(s) No. 1 MR AV NAIR(5602) for the Respondent(s) No. 2,3 ========================================================== CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT Date : 01/08/2025 ORAL ORDER
This petition is filed challenging the order dated
11.04.2025 issued under Section 260(2) of the Gujarat Provincial Municipal Corporations Act, 1949.
Heard learned advocate Mr. Sharvil Majmudar for the petitioners. Learned advocate for the petitioners submitted that prior to the order under Section 260(2) of the GPMC Act, the petitioner had preferred an application seeking regularization of alleged unauthorized construction, during the pendency of which, the impugned order was passed. Learned Advocate further submitted that this Hon’ble Court had issued notice in the matter on
17.04.2025 and had directed the parties to maintain status quo. The said application for regularisation was earlier pending and now has C/SCA/5119/2025 ORDER DATED: 01/08/2025 been decided by order dated 18.07.2025, rejecting the application of the petitioner seeking regularization of the construction in question. The same is placed on record. Learned advocate further submitted that against the said order, appeal under Section 12 of the Gujarat Regularization of Unauthorized Development Act, 2022 (for short ‘the GRUDA, 2022’) has already been preferred on 29.07.2025, which copy is also produced and taken on record and therefore, learned advocate would further request the Hon’ble Court to dispose of the present matter by extending the interim relief granted by this Hon’ble Court and issuing appropriate directions for expeditious disposal of the appeal.
Learned advocate Mr. A. V. Nair for the respondent Nos. 2 and 3 could not dispute the order dated 18.07.2025 rejecting the application of the petitioner seeking regularization of unauthorized construction and that an appeal had been preferred against the same.
In view of the above facts, the Appellate Authority is directed to decide the appeal of the petitioner within a period of 2 months from the date of receipt of this order. It is open for the authority to consider the documents produced by the petitioner and to provide the petitioner an opportunity of hearing in accordance with the provisions of GRUDA Act 2022. Till the appeal is decided by the authority, the order under Section 260(2) of the GPMC Act dated 11.04.2024 shall stand suspended. This Court has not gone into the merits of the matter and it is open for the authority to decide the appeal as directed hereinabove on its own merits and in C/SCA/5119/2025 ORDER DATED: 01/08/2025 accordance with law.
Operative part
In view of above, this petition is disposed of. Interim relief granted earlier stands vacated. NAIR SMITA V./03-SB-I (MAUNA M. BHATT,J) Original copy of this order has been signed by the Hon'ble Judge.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view of above, this petition is disposed of
Which statutory provisions did this judgment involve?
Gujarat Provincial Municipal Corporations Act, 1949 — s. 260(2); Gujarat Regularization of Unauthorized Development Act, 2022 — s. 12; GRUDA Act, 2022.
Which court decided this case, and when?
Gujarat High Court, on 01 Aug 2025. The bench was MAUNA M BHATT.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.