MOINUDDIN SARFUDDIN SHAIKH Vs. NATIONAL MONUMENTS AUTHORITY

JUDGEMENT

(1.) This is a writ application under Article 226 of the Constitution of India seeking following reliefs :-

(2.) Mr. Bharat T. Rao, the learned advocate appearing for the writ applicant submitted that the writ applicant herein is the owner of land bearing City Survey No.5459, 5460, 5463 to 5468, Sheet No.80, Ward Jamalpur - III situated at Astodia Gate Area, Ahmedabad. The subject land of the writ applicant falls in the regulated area of Dastoorkhan Mosque which is known as Pattharwali Masjid, which is declared as monument of national importance under the Act. The writ applicant approached the respondent authority for No Objection Certificate for construction of building in regulated area for residential - cum - commercial building in 2001 and in 2001 the competent authority has granted permission for construction of building with height upto 30 meters on 10/1/2001. The said No Objection Certificate dtd. 10/1/2001 was issued by the Director, (Archaeology), Archaeological Survey of India. The writ applicant thereafter submitted an application for construction to the Ahmedabad Municipal Corporation. However, in view of the earthquake struck on 26/1/2001, several persons lost their lives and the properties were damaged. Therefore Ahmedabad Municipal Corporation suspended all the permissions forthwith with regard to the high rise buildings. The writ applicant therefore could not put up construction of 30 meters. The said ban imposed by the Municipal Corporation continued upto 2006 and consequently, No Objection Certificate granted to the writ applicant on 10/1/2001 lapsed. The writ applicant approached the respondent no.1 through respondent no.2 though Consultant seeking permission to construct building with height upto 15 meters on the property in question. The said application came to be processed and No Objection Certificate came to be granted permitting to construct building with height of 15 meters in regulated area by order dtd. 10/4/2012. The writ applicant once again approached the Municipal Corporation for sanctioning of plants and Municipal Corporation sanctioned plans and issued Commencement Certificate (Raja Chitthi) for construction of ground floor + two floors vide Rajachitthi No.03966/100315 A3917RO/M1 for construction of build up area of 1893.17 sq.mtrs., duly produced at Annexure - D i.e. a copy of Rajachitthi No.03966/100315/A3917/RO/M1 issued by AMC on 2/6/2015. The writ applicant then submitted revised plans to the Municipal Corporation and submitted plans for G+4 floors since the writ applicant was entitled to put up construction upto G+4 floors looking to the F.S.I. available to the writ applicant in accordance with the location of the said land. The Ahmedabad Municipal Corporation granted the said permission on 5/10/2016 with respect to commencement and construction. The writ applicant then completed the construction of G+4 floors and constructions of high rise building has been undertaken up to 22.80 meters.

(3.) Mr. Bharat T. Rao, the learned advocate appearing for the writ applicant submitted that the Consultant of the writ applicant has given No Objection Certificate to the writ applicant issued by the respondent dtd. 3/9/2015 whereby the said No Objection Certificate stated that the writ applicant can raise construction from 15 meters to 22.80 meters. i.e. G+6 floors. The writ applicant came to know only on 23/3/2017 that the aforesaid No Objection Certificate dtd. 3/9/2015 was not genuine and that the writ applicant only was granted permission for construction up to 15 meters.