GULAMKADAR MOHMADBHAI LAKDAWALA Vs. JAYANTILAL VASTUPAL CHOKSI

JUDGEMENT

(1.) The petitioner challenged the order dated 16-2-1987 of Collector, Bharuch District, passed under Section 258 of Gujarat Municipalities Act, 1963, quashing and setting aside the order dated 11-9 1985 of Area Development Authority, Bharuch.

(2.) The petitioner purchased in public auction land bearing City Survey No. 4052 in Bharuch city in 1979. Thereafter, he made an application for building permission to the Chief. Officer of Bharuch Municipality. The permission was granted vide permission No. 35 dated 27-6 1985 subject to the condition that the petitioner should leave a margin of 12 feet, in between the land bearing City Survey Nos. 3364 and 4052 of Bharuch City. Being dissatisfied, the petitioner applied to the Area Development Authority, Bharuch, who. is the appropriate authority under the Gujarat Town Planning and Urban Development Act. The said application was allowed vide order dated 11-9-1985 and condition regarding 12 feet margin was removed and Chief Officer was directed to give permission to the petitioner after removing that condition regarding margin land. Against this order of the Area Development Authority an application under Section 258 of the Gujarat Municipalities Act, 1963 to the Collector was preferred and the Collector passed the impugned order.

(3.) The court held that Section 258 of the Gujarat Municipalities Act, 1963 clearly speaks about the execution of any order or resolution of a Municipality, or the doing of anything which is about to be done or is being done by or on behalf of a Municipality. In the Section, there is no reference whatsoever regarding the order passed by the Area Development Authority or the appropriate authority under the Gujarat Town Planning and Urban Development Act, 1976. Hence, the order passed by the Collector on 16-2-1987 under Section 258 of the Gujarat Municipalities Act is quashed and the order passed by the Area Development Authority, Bharuch dated 11-9-1985 is restored. Rule made absolute.