CHANDRAKALABEN MANSUKHLAL POPAT Vs. JAMNAGAR URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) By this application for Review, a third-party to the Public Interest Litigation has prayed for review of our order dated 4th February 2014 passed in Civil Application No. 1108 of 2014 by which we dismissed the application filed by the present applicant for passing appropriate direction upon a respondent of the main Public Interest Litigation for refund of money allegedly paid by the applicant to the said respondent, with interest.

(2.) In the Public Interest Litigation, out of which the present application arises, the grievance of the writ-petitioner was that a Cooperative Society, the respondent No.3 therein, entered into a development agreement with the respondent No.4, the Builder, by which it was agreed that the respondent No.4 would construct 26 shops of around 125 to 150 sq. ft. on the common plot of the Society facing the main road and that the respondent No.3 has neither obtained any permission to enter into such an agreement nor has the respondent No.4 obtained any permission to put up construction of 26 shops on the common plot of the Society. The further grievance of the petitioner was that the Jamnagar Urban Development Authority although initiated some proceedings in the year 2012 for demolition of the shops by issuing notice under the provisions of the Gujarat Town Planning & Urban Development Act, 1976, thereafter, it failed to act in accordance with law.

(3.) On 30th January 2014, we concluded the hearing of the Public Interest Litigation and directed that till the delivery of the judgment, there should be an order of status quo as regards the disputed structure.