VIVEK MANUBHAI SOJITRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Assistant Government Pleader Ms. Jyoti Bhatt waives service of rule on behalf of respondent No.1-State, learned advocate Mr. Dhaval Nanavati waive service of rule on behalf of respondent No.2 and learned advocate Ms. Kruti M. Shah waives service of rule on behalf of respondent Nos.4 and 5.

(2.) This petition under Article 226 of the Constitution of India is filed by the petitioner challenging the decision dtd. 21/11/2019 in Appeal No.630 of 2016 of the respondent No.3-Appellate Officer and Vice Chairman under the provisions of Gujarat Regularization of Unauthorized Development Act, 2011 (for short "GRUDA").

(3.) The main contention of the petitioner is that the petitioner had objected to regularizing of the unauthorized construction of the respondent Nos.4 and 5 and initially the authority had rejected the application of the regularization of unauthorized construction filed by the respondent Nos.4 and 5. Thereafter, the respondent Nos.4 and 5 preferred an Appeal as provided for under Sec. 12 before the respondent No.3-Appellate Officer and Vice Chairman. The respondent No.3-Appellate Officer and Vice Chairman allowed the Appeal and regularized the unauthorized construction however, while doing so, the petitioner was not joined in the proceedings despite being the original objector to the application.