NATWARLAL DAHYABHAI MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) M. S. SHAH, J. Rule. Ms. Krina Calla, learned Assistant Government Pleader waives service of rule on behalf of respondents no. 1 and 2; and Mr. N. V. Anjaria, learned advocate waives service for respondents no. 4 and 5. It is not necessary to hear respondent-Valsad Nagarpalika because no orders adverse to the said party are proposed to be passed. We accordingly proceed to take up the petition for final disposal.

(2.) THE building permission granted by Valsad Municipality in favour of respondents no. 4 and 5 was suspended by the Collector, Valsad under section 258 of the Gujarat Municipalities Act, 1963. The said order was passed on the application which was filed by the present petitioner before the Collector, Valsad. Respondents no. 4 and 5 challenged that order before the Secretary to the Government of Gujarat, Urban Development and Urban Housing Department. The Deputy Secretary (Appeals) exercising the appellate powers of the State Government quashed and set aside the order of the Collector, Valsad without joining the petitioner as a party-respondent and without giving the petitioner an opportunity of hearing. The petitioner has, therefore, challenged the said decision of the State Government on the ground of violation of principles of natural justice. Mr. Pardiwala, learned advocate for the petitioner therefore, submits that the order dated 15th November 2007 of the Deputy Secretary (Appeals) requires to be quashed and set aside.

(3.) MR. ANJARIA, learned counsel for respondents no. 4 and 5 submits that the petitioner has only 1/10th share in the property in question and that at present Civil Suits are also pending on the subject matter of the controversy. Mr. Anjaria further states that respondents no. 4 and 5 have already completed construction on the ground floor of the land in question and that for the present, respondents no. 4 and 5 do not propose to commence construction of the first floor. Mr. Anjaria therefore, submits that the petition may be dismissed. Ms. Krina Calla, learned Assistant Government Pleader appearing for respondents no. 1 and 2 submits that the respondent-authorities will abide by the orders of this Court.