GOVINDBHAI MAVJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) With the consent of learned advocates for the parties, the petitions are decided finally at the admission stage.

(2.) In all the three petitions, challenge is in respect of the impugned notices dated 13.10.2017 issued by the respondent - SUDA under section 36(4) of the Gujarat Town Planning and Urban Development Act, 1976 (hereinafter referred to as 'the said Act'). Hence, with the consent of the learned advocates for the parties they were heard together and are being decided by this common order.

(3.) For the sake of convenience, the facts of Special Civil Application No. 19319 of 2017 are considered. The petitioner No. 1 - Govindbhai Mavjibhai Patel in the said petition, appears to have purchased the Sub-plot No. 4C Survey No. 57 situated at village Kumbhariya, Taluka Choryasi, from one Pramilaben Patel as per sale deed dated 04.02.2008. The said Pramilaben had purchased the said plot from the original owner Jadavben Prabhubhai and others original owners by executing the registered sale deed on 26.06.1995. The other three petitioners appears to have purchased their respective Sub-plots Nos. 4B, 4C and 4D from the said original owners by executing separate registered sale deeds on 26.06.1995. It further appears that the respondent SUDA had issued a notice dated 002017 (Annexure J-1) to the original owner Ishwarbhai Prabhubhai and others under Sub-sections (1) and (2) of Section 36 of the said Act, calling upon them to remain present before the authority on 15.02017 in respect of the alleged illegal construction found on Block No. 57 situated at village Kumbhariya, Taluka Choryasi. The respondent - SUDA undisputedly had not issued any such notices to the occupiers of the said alleged illegal constructions.