MANJIBHAI SAMJIBHAI KATRODIYA THROPOA DIPAKBHAI M KATRODIYA AND ORS Vs. MUNICIPAL CORPORATION FOR CITY OF SURAT AND ORS

JUDGEMENT

(1.) SHRI Sanjanwala, learned advocate appearing for the petitioners submit that the petitioners are engaged in a work which is purely classified to be 'Cottage Industry' as embroidery work even is done with the help of machine would not take that work out of the purview of cottage industry, and he relies upon the provision of GDCR existing, which permits development of such matter with the permission of the Area Development Authority. He therefore submitted that the petitioners have already approached concerned authorities vide communication dated 7/5/2011, in addition thereto one more detailed representation be preferred and in such an event the Court may direct the authorities to decide the same in accordance with law.

(2.) SHRI Sanjanwala also requests that let there be some time limit prescribed to the authorities for deciding the same.

(3.) THIS Court is of the view that the authorities, if vested with discretion to grant permission of such development, cannot evince any inaction by not responding to the request for permission. Though the permission is purely discretionary, and such request for permission is considered strictly in accordance with the provision of GDCR, hence the petitioners are at liberty to make additional request by way of another representation in continuation of their earlier representation dated 7/5/2011 for seeking appropriate permission, and if such representation is made within a week from today same shall be decided within three weeks thereafter. In view of this, Shri Sanjanwala seeks permission to withdraw this petition at this stage. The permission as sought for is granted. Petition stands disposed of. However, this order may not be construed as an opinion of the Court on the challenge made by the petitioners in this petition.