SANJAYKUMAR FAKIRCHAND GARG Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present writ petition is filed praying for the following reliefs :-

(2.) Learned advocate Ms. Kruti Shah appearing for the petitioner submits that this Court had passed order dtd. 4/9/2014 in Writ Petition (PIL) No.110 of 2014, directing the Collector, Valsad to look into sanctioning of the plans as the irregularities had been alleged and consider all the relevant aspects, more particularly whether the construction which had been put up was in accordance with the law after obtaining the valid permission and sanction of the plans. The Collector was further directed to complete the inquiry within a period of two months. Pursuant to the said order, the petitioner was issued a notice on 23/1/2015 along with other persons. By reply dtd. 16/2/2015, the petitioner herein filed his reply to the said notice. It is further submitted by learned advocate Ms. Shah that by impugned order dtd. 10/7/2015, the District Development Officer, Jilla Panchayat, Valsad disposed of the case of the petitioner holding that the unauthorized construction be removed. Learned advocate further submits that a perusal of the impugned order does not show any reference to the reply filed by the petitioner nor the order takes into consideration any of the contentions raised in the reply as given by the petitioner to the Collector. Further, neither the petitioner was called for any personal hearing nor was given any personal hearing before passing of the order for removal of unauthorized construction.

(3.) Learned advocate Mr. H. S. Munshaw appearing for respondent Nos.5 and 6 submits that the unauthorized construction was raised at the site flouting the terms and conditions imposed by the authorities and the rules were also breached. It is further submitted that the petitioner has failed to justify its action and also failed in getting the revised plan approved from the competent authority. It is therefore submitted that the order is passed on merits and the petition should be dismissed.