1. Rule. Mr. Adil Mirza, learned Advocate appears for respondent No.1, Mr. Dhaval G. Nanavati, learned Advocate appears for respondent No.2 and Mr. Ronak Rawal, learned Assistant Government Pleader appears for respondent No.3. With consent of the learned Advocates appearing on behalf of the respective parties, the matter is taken up for final disposal.
2. The short issue which arises in this petition is to the effect that according to petitioners, the petitioners are being denied Building Use Permission / Occupancy Certificate by respondent Nos.
2 and 3 authorities. Mr. Dhaval G. Nanavati, learned Advocate appearing on behalf of respondent No.2 has tendered Affidavit-in-Reply interalia stating that, earlier area in question was within the jurisdiction of Ahmedabad Urban Development Authority and now the said area is within the local limits of Ahmedabad Municipal Corporation and therefore the Ahmedabad Municipal Corporation is the local authority as well as appropriate authority, to issue such occupancy certificate /Building Use Permission as contemplated under General Development Regulations. As averred in the Affidavit-in-Reply, if the petitioners file appropriate application in the format as provided under the General Development Regulations of Ahmedabad Urban Development Authority, which is applicable to Ahmedabad Municipal Corporation, within a period of two weeks from today, such application shall be scrutinized by the Corporation and final decision shall be taken within a period of four weeks from the date of the receipt of such application. However, it is made clear that after receipt of such application, on scrutiny if it is found that some discrepancy is there, the same shall be communicated to the petitioners within a period of two weeks from the date of the receipt of the application and in compliance of such discrepancy, if any, pointed out by the authority, the respondent No.2 Corporation shall deal with such application within a stipulated time as provided hereinabove, exclusive of the time taken by the petitioners for removal of such discrepancy. Rule made absolute accordingly with no order as to costs.
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(R.M. Chhaya, J.) M.M.BHATT