DILIP NAGINDAS SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed in the nature of public interest litigation by the petitioner with the prayers which read as under:

(2.) Heard learned Senior Counsel Mr.Dave assisted by learned Counsel Mr.Gori for the petitioner, learned Senior Counsel Mr.Oza assisted by learned Counsel Mr.Kapadiya for opponent no.4, learned Senior Counsel Mr.Naik assisted by learned Counsel Mr.Adhvaryu for opponent no.5.

(3.) On the other hand, learned senior Counsel Mr.Oza appearing for the respondent no.4 denied the allegation made by the petitioner that the respondent no.4 has started construction for high rise building. It is contended that the respondent no.4 has constructed low rise building as per the permission granted by the respondents- authorities. Respondent no.4 has not committed any illegality or made any unauthorized construction as alleged by the petitioner. Learned counsel Mr.Oza submitted that even assuming that width of the road is 12 mtrs. abutting to the plot in question, even then as per GDCR, the construction permission can be granted for low rise building and in the present case, such permission is granted by the respondents-authorities to the respondent no.4 and therefore there is no question of committing illegality by the respondents-authorities or respondent no.4 as alleged by the petitioner. It is contended that though respondent no.4 has applied for permission for additional floors, the said application is pending with the respondent- Corporation and till date the same is not granted. Learned counsel further contended that the respondent no.4 is ready and willing to give an undertaking that unless and until the permission is granted by the respondent- Corporation for construction of additional floors, respondent no.4 will not make any further construction.