BANKIM BIPINBHAI DESAI Vs. STATE OF GUAJRAT

JUDGEMENT

(1.) Rule. Mr. HL Jani, Ld. AGP waives service of rule for respondents no. 1 and 3 and Mr. Vjiay H. Patel, learned advocate waives service of rule for respondent no. 2.

(2.) Having heard Mr. R.S. Sanjanwala, learned advocate for petitioner and having perused the averments made in the petition together with the annexures and having heard Mr. Jani and Mr. Patel for the respondents, it appears that the petitioner has approached respondent no. 3 with a prayer to grant him NA Permission for the land on which the construction in question is standing. It is the say of the petitioner that respondent no. 3 has rejected the application for grant of NA Permission on the ground that there is construction admeasuring 73.17 sq. mtrs. which is on the margin land and that is required to be removed by the petitioner and unless the said construction is removed or it is regularized by respondent no. 2 i.e. Valsad Nagar Palika, the NA Permission cannot be granted. The petitioner has, therefore, challenged the impugned order of respondent no. 3 dated 15th April, 2005 which is at Annexure-K to the petition. At the outset, Mr. Sanjanwala has made it clear to us that he does not, at this stage, press reliefs (b) and ( c ) of para. 22 of the petition.

(3.) It is the say of respondent no. 2 that there is no such requirement that first the construction has to be regularized and thereafter the Collector can grant NA Permission. Mr. Jani for respondents no. 1 and 3 has, however, submitted that what has been submitted by the learned advocate for the petitioner now is totally different from what has been prayed for in the relief clause of the petition.