VIJYABEN JETHALAL DHOLARIYA Vs. TOWN PLANING OFFICER

JUDGEMENT

(1.) SHRI Mehul S. Shah, learned counsel for the petitioners; Shri R.C. Kodekar, learned AGP for the respondent no.1; None for respondents no. 2 to 6 though name of Shri Shah appears on the board.

(2.) ON an earlier occasion, the petitioner had come to this Court in Special Civil Application No. 8074 of 1990, a Division Bench of this Court vide order dated 10.12.90 held that as the remedy of appeal was available to the petitioner, the High Court would not interfere in the matter. However, the High Court permitted the petitioner to file an appeal to the appellate authority with a direction that the appellate authority shall consider the grievances of the petitioner. The petitioner thereafter filed an appeal [TPS] Appeal No. 73 of 1991 [Civil Appeal No. 9/91] which was dismissed by the Board constituted under the provisions of the Gujarat Town Planning and Urban Development Act, 1976 vide its judgment dated 16.12.93 holding that the petitioner -appellant would not come within the purview of Section 54 of the Act, the appeal was accordingly rejected. On the last date, the respondents raised an objection that in view of the language of Sections 52, 53 and 54 of the Act and looking to the nature of the claim made by the petitioner, appeal was not maintainable. The State thereafter prayed for time to make an application for review of the order dated 10.12.90 passed by the Division Bench in Special Civil Application No. 8074 of 1990. Shri Kodekar, learned AGP for the State submits that the Division Bench did not condone the delay and rejected the application for recall and review of the order dated 10.12.90.

(3.) AS the order dated 10.12.90 has become final between the parties, rights of the parties would be governed by the said order and the appeal now cannot be held to be not maintainable in view of the order passed by the Division Bench, at least for this case.