PRATIMABEN HARSHADBHAI AMIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner Pratimaben Harshadbhai Amin through her Power of Attorney Holder Satyabhai Chetanhbhai Patel has filed the present petition under Article 226 of the Constitution of India challenging the legality and validity of the order dated 13.10.2020 passed by the respondent No. 4 (Annexure-A) under the provisions contained in Section 68 of the Town Planning and Urban Development Act, 1976 (hereinafter referred to as "the said Act") read with Rule 33 of the Rules framed thereunder.

(2.) The short facts giving rise to the present petition are that petitioner claims to be the owner and occupier of the constructed property with an open plot bearing Survey No. 193 paiki situated on the Final Plot No. 3 of the Town Planning Scheme No. 6, Ashoknagar Co-operative Housing Society Ltd., situated at Vejalpur Village, District- Ahmedabad. As per the case of the petitioner, she has let out the said premises to one Red Brix Education Trust for operating the school. The petitioner was served with the notice under section 67 of the said Act on 20.01.2020 and thereafter the notice under section 68 Rule 33 on 28.01.2020. The petitioner and the said tenant Red Brix Education trust through one R.B.Panchal had made a representation before the respondent No. 4 in response to the said Notice under Section 68 Rule 33 and had sought further time for making written submissions. It appears that thereafter the said occupier Red Brix Education Trust also submitted written submissions, and considering the same, the respondent No. 4 passed the impugned order on 13.10.2020 which is under challenge.

(3.) The bone of contention raised by the learned advocate Mr. N.V. Gandhi for the petitioner is that the petitioner had sent the written submissions on 07.10.2020 which were received by the respondent No. 4 on 08.10.2020, however the said written submissions have not been taken into consideration by the respondent No. 4 before passing the impugned order, and therefore the said order is in utter disregard to of the principles of natural justice and to the legal position settled by the Supreme Court in the case of M/s. Babubhai & Co. and Others Versus State of Gujarat and Others , 1985 AIR(SC) 613 as followed by this Court in number of cases.