DIPAKBHAI SOHANLAL SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.M.B.Gandhi for the appellant.

(2.) The present Letters Patent Appeal preferred under Clause 15 of the Letters Patent takes an exception to judgment and order of learned single Judge dtd. 29/11/2021 whereby the prayers in the petition were negatived and petition was dismissed by learned single Judge observing that the aspects arising out of the controversy cannot be subjected to exercise of jurisdiction under Article 226 of the Constitution.

(3.) It was in all 10 petitioners who filed Special Civil Application. They were the residents of apartments named Ronak Apartments. Essentially the case before the learned single Judge was that the redevelopment of their flats were required to be acted upon under the provisions of Gujarat Ownership Flats Act. 1973. It was the case of the petitioner that two main conditions for opting of redevelopment of the property, namely the consent of 75% of the members and that the property was old beyond 25 years, were satisfied. Therefore the flat property was subjected for redevelopment for which necessary steps were taken, it was submitted. It was further the case that out of 12 members, who were residents of flats, 10 members had consented for redevelopment, however respondent Nos.3 and 4 refused to give consent.