MAHENDRABHAI BECHARDAS GANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned Counsels for the parties and learned Assistant Government Pleader Mr. Rohan Yagnik for the respondents No.1, 5 and 6.

(2.) IT is not in dispute in this petition filed under Article 226 of the Constitution of India that earlier grievances were made in Special Civil Application No.3172/2009 by the petitioners about seeking directions to quash and set aside the development permission granted by the authority with regard to certain Survey numbers and sub- plots. Upon submissions made by learned Counsels for the parties, the appropriate authority was directed to take decision in accordance with law about alleged construction granted / permitted on the basis of development permission and whether there were any breach of Ribbon Development Rules or any provisions of the Act. Apropos to the aforementioned order, the competent authority considered the submissions of rival parties and on perusal of the record, noticed that so far as opinion of Executive Engineer, Road and Building Department, Palanpur, City Survey Nos.10842 and 13352 Paiki Plot No.3/B, permission to construct is granted after leaving margins as per Ribbon Development Rules and construction was carried out accordingly. However, in Plot No.3/A, no such construction was made and no permission was to be granted for the development and/or construction for the said plot.

(3.) INSPITE of the above order passed by the appellate authority remanding the case to the competent authority for taking decision in accordance with law, after hearing the parties, now a challenge is made in this petition under Article 226 of the Constitution of India by raising a contention about observations made in the order dated 02.11.2010 by the Collector, Banaskantha about no remarks made by the Nagar Palika about factual scenario and applicability of Ribbon Development Rules. Therefore, a prayer is now made to quash and set aside even the permission for development and the order impugned passed by the appellate authority.