LAWS(GJH)-2013-3-157

SHARIFBHAI HASAMBHAI SAKARYANI Vs. RAJENDRA KUMAR DISTRICT COLLECTOR

Decided On March 22, 2013
Sharifbhai Hasambhai Sakaryani Appellant
V/S
Rajendra Kumar District Collector Respondents

JUDGEMENT

(1.) THIS is an application at the instance of the original petitioner under the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India, complaining violation and willful disobedience of our order dated 29 th March 2012 passed in Writ Petition (PIL) No.137 of 2011, at the end of the respondent nos.5, 6 and 7 herein, by which we directed that until further order no construction should be made unless construction was strictly in accordance with the rules, regulations and by-laws of the concerned Municipality. Facts shortly stated may be summed up thus :

(2.) IN an affidavit affirmed by one Shri Asif A.Satar Panwala, who is constructing a multi-storeyed building named 'Aafiya' Tower, it has been stated as under :

(3.) HAVING heard the learned counsel for the parties and having gone through the materials on record, the only question that falls for our consideration is, whether the respondent nos.5, 6 and 7 are guilty of having committed contempt of this Court by willfully disobeying the order dated 29 th March 2012 passed by this Court restraining them from putting any further construction unless the same was in accordance with the rules, regulations and by-laws of the concerned Municipality.