ADMIT. Following substantial questions of law arise for determination in the present second appeal:
(i) Whether in the facts and circumstances of the case, both the Courts below are justified in declaring that the order passed by the Collector, Bhavnagar at Exh.47 and the order dated 31/05/2007 passed by the Secretary (Appeals), Government of Gujarat, Ahmedabad in Revision Application No.19 of 2003 as illegal, arbitrary, nullity and without jurisdiction?
(ii) Whether both the Courts below have materially erred in declaring the order passed by the Collector, Bhavnagar at Exh.47 as illegal on the ground that the same is exercised belatedly?
SA/162/2012 2/2 ORDER
(iii) Whether in the facts and circumstances of the case, both the Courts below are justified in declaring that the order passed by the Collector, Bhavnagar at Exh.47 is not binding to the plaintiff?
(iv) Whether in the facts and circumstances of the case the subsequent order passed by Palitana Municipality under the provisions of the Gujarat Town Planning Act, can modify the condition imposed by the Collector, Bhavnagar imposed while granting NA Use Permission?
(v) Whether in the facts and circumstances of the case, both the Courts below are justified in holding that the condition imposed by the Collector,Bhavnagar while granting NA Use Permission to put up the construction within stipulated time, is without jurisdiction?"
Mr.Rutul Desai, learned advocate waives service of notice of admission on behalf of respondent No.1. Direct service is permitted so far as respondent No.2 is concerned.
[M.R.SHAH,J] *dipti