BLUEIVY HOSPITALITY PRIVATE LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Pursuant to the earlier order dtd. 17/10/2022, today, the petitioner has filed further affidavit. Learned advocate for the petitioners seeks leave to correct the title of the affidavit. Leave is granted and petitioner is permitted to correct the title of the said affidavit. The petitioner has submitted in para-4 of the said affidavit as under:-

(2.) He has further submitted that looking to the festive season, if the petitioner is permitted to use the premises which is put up in pursuant to the development permission obtained by the petitioner earlier, i.e. floor No.1, 2 and 3, the petitioner may not suffer any huge loss, and the petitioner is ready to abide by appropriate condition which deems fit by this Court. Mr. Vyas, learned advocate has, by referring to this undertaking further submitted that the petitioner is ready to approach the authority by applying a fresh BU Permission or by applying under the new ordinance, and accordingly, he prays to grant relief as prayed in the undertaking as interim arrangement.

(3.) Per contra, Mr. Sanchela, learned advocate submits that the impugned action of sealing of floor was pursuant to earlier order passed by this Court when the officials of the Authority were also present during the course of hearing and affidavit to that effect was filed that the authority will take necessary action within 3 days from the date of order by sealing the premises, accordingly, the authority pursuant to that order, sealed the premises.