VANITA SHAH WIDOW Vs. GANDHIDHAM DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India, wherein the petitioners have prayed that direction be issued to respondent No.1, Gandhidham Development Authority to implement and execute the order dated 01.03.2014 and to demolish the illegal construction made by respondent No.2 on Plot No.91, Ward No.12B, Gandhidham.

(2.) Heard learned advocate Ms.Aishwarya Reddy for M/s. Trivedi and Gupta, appearing for the petitioners and learned advocate Mr.N.L. Ramnani for respondent Nos.2 to 2.3.

(3.) Learned advocate for the petitioners submitted that the petitioners are residents of Plot No.90, Ward No.12B, Gandhidham. It is submitted that respondent No.2 has carried out the illegal construction on Plot No.91, Ward No.12B in contravention of the provisions of the Gandhidham (Development and Control on Erection of Building) Act, 1957 (hereinafter referred to as "the Act of 1957" for short) and the Rules framed thereunder. It is submitted that when the said aspect was pointed out to respondent No.1 authority by the petitioners, respondent No.1 issued Show-?cause Notice dated 12.02.2014, to show cause as to why action under Sections 12 and 13 of the Act may not be initiated against him. Thereafter, the order of demolition was passed by respondent No.1 under Section 12(1) of the Act. Learned advocate for the petitioners referred the said order, copy of which is produced at Page-?13 of the compilation. The grievance of the petitioner is that though the said order is passed by respondent No.1, no action is taken by respondent No.1 authority for demolition of the illegal construction carried out by respondent No.2. It is, therefore, urged that this petition be allowed and appropriate direction be issued to respondent No.1 authority.