JASHVANTSINH PRUTHVISINH RAOL RETIERD ASI Vs. AMC

JUDGEMENT

(1.) The present petition is filed by the petitioner under Articles 14 and 226 of the Constitution of India as well as under the Rules of General Development Control Regulation (hereinafter referred to as "GDCR") as well as under the provisions of Bombay Provincial Municipal Corporation Act, 1949 (hereinafter referred to as "the BPMC Act") for the prayer as prayed for inter alia that appropriate writ, order or direction may be issued directing the Respondent No.1 - Ahmedabad Municipal Corporation to take appropriate action against the Respondents for using the premises for religious purpose without obtaining the permission and also to restrain Respondent No.4 from carrying on any construction on the building being Aaradhna Bhavan / Temple in absence of any permission.

(2.) The facts of the case briefly summarized are as follows;

(3.) The Petitioner is a resident of the society and in the neighbouring house being Tenament No. B-17, the construction is going on by the followers of Swaminarayan Sect and they have been using it as temple. Therefore, the petitioner made an application to the police authorities as well as to the Municipal authorities and, according to the petitioner, such an application has not been disposed of, and therefore, the present petition has been filed. It is also contended that the framer of GDCR have taken care to keep the two types of buildings separate namely; residential building, where the permission is granted and the religious building or the community building. It is therefore sought to be contended that it cause nuisance and the construction which has been made is unauthorized as per the notice given by the Respondent Corporation and still no further steps have been taken to remove it. Therefore, it has lead to filing of the present petition seeking direction against the Respondent Corporation to take further steps.