PINKYBEN RAJNIKANT PATEL Vs. MUNICIPAL COMMISSIONER

JUDGEMENT

(1.) Heard Mr.Hardik Pandit, learned counsel for the petitioner and Mr.H.S.Munshaw, learned counsel for the respondents.

(2.) The present petitioner, who was a Councilor of the very Municipal Corporation, has without disclosing that she is a Councilor, filed this Public Interest Litigation and has inter-alia prayed as under :

(3.) Mr.Hardik Pandit, learned counsel appearing for the petitioner has contended that as per the provisions of Section 67 (3AA) of the Gujarat Provincial Municipal Corporation Act, 1949, the action on the part of the respondents to consider the item again which was already rejected in the earlier Standing Committee is ultra vires the provisions. Heavy reliance is placed on the communication addressed to the Secretary, Urban Development and Urban Housing Department dated 04.01.2021, addressed by the very petitioner. On the aforesaid sole ground this petition is preferred. No other grounds are raised by Mr.Hardik Pandit, learned counsel for the petitioner.