MAHESHBHAI AMRATLAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition, the petitioners have inter alia prayed for quashing and setting aside the order dated 07th August 2009 passed by the respondent No.2-Director of Municipalities.

(2.) It is the case of the petitioners that on 22nd February 2006, a development permission was granted vide Resolution No.166 by the Town Planning Committee consisting of the petitioners. The respondent No.5-Trust had purchased the land bearing Survey No.1244/1 for educational purpose in lieu of the land bearing Survey No.48 which was originally gifted by one Rajbibi. The proceedings were initiated by the said Rajbibi, owner of the land bearing Survey No.48 to cancel Entry No.8744 which was recorded reflecting the sale transaction for Revenue Survey No.1244/1. On 26th February 2007, an appeal was preferred by the said Rajbibi before the respondent No.3, challenging the said Resolution No.166 granting development permission by the Town Planning Committee and the appeal was allowed remanding the matter to the Town Planning Committee for reconsideration of the Resolution. Thereafter, on 07th August 2009 an application under Section 37 of the Gujarat Municipalities Act (hereinafter referred to as 'the Act') was given by the respondent No.6 herein and the respondent No.2 passed the order impugned in present petition removing the petitioner Nos.2 to 5 from the councillorship of the respondent No.4-Nagarpalika as well as removing the petitioner No.1 from Presidentship of the respondent No.4-Nagarpalika. Hence, present petition.

(3.) Mr.B.B.Naik, learned Senior Counsel appearing with Mr.Mehul Rathod, learned advocate for the petitioner, has submitted that the respondent No.6 had no locus standi to prefer the application under Section 37 of the Act; that the exercise of powers by the respondent No.2 suffers from assumption of jurisdiction not vested in the respondent No.2 under the special Act i.e. T.P. Act; that the impugned order suffers from the vices of delay and laches since the Resolution was passed on 22nd February 2006 and the impugned order is passed on 07th August 2009; that even in the order passed by the Collector remanding the matter, there is no whisper about misuse of powers, misconduct or disgraceful conduct by the petitioners.