RAMESHBHAI DHANJIBHAI MANDANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned advocate Mr. S.M. Kikani appearing for the petitioners, upon instructions, states that for regularizing the alleged unauthorized constructions, the petitioners have already applied under Sec. 6 of the GRUDA Act, 2022.

(2.) Considering the fact that once an application is made under Sec. 6 of the GRUDA Act for regularization of the unauthorized construction as per inbuild mechanism of the Act as per Sec. 5 of the Act, any action, order or notice shall remain suspended so long as the application remains pending before the Designated Authority and in case, if any adverse order is passed, it is always open for the concerned party aggrieved by the order to prefer an application under Sec. 12 of the Act. As the petitioners have already applied under the GRUDA Act, 2022, the action under challenge also would remain suspended so long as the application remains pending before the designated authority and any decision would be a separate cause of action and therefore, this petition is not required to be kept pending and hence, the same is disposed of in view of the fact that the petitioners have already applied for regularization under the GRUDA Act at this stage. It is needless to say that since the Act itself provides for suspension of any notice, order or action, the disposal of this petition shall not adversely affect the petitioners.

(3.) It is expected that once the application is made, the provisions of the GRUDA Act shall be adhere to by the designated authority in its true spirit.