1. Heard Mr. A.J. Shastri, learned Advocate appearing with Mr. Vishal Mehta, for the petitioner and Mr. Kaushal D. Pandya for the respondent Corporation.
2. By way of this petition under Article 226 of the Constitution of India, the petitioner has interalia challenged the notice under section 260(1)(A) & 260(2) under the provisions of Gujarat Provincial Municipal Corporation Act.
3. This Court (Coram : Smt. Abhilasha Kumari, J.) vide order dated 24.2.2012 was pleased to issue notice and granted order of status-quo. Mr. Shastri, learned Advocate appearing with Mr. Vishal Mehta for the petitioner, under instructions, states that as the Gujarat Regularisation of Unauthorised Development Act, 2011 has come into force the petitioner desires to approach the respondent Corporation under the relevant provisions of the Act and hence, does not press this petition, at this stage. However, it would be open for the petitioner to approach the respondent Corporation and file appropriate application before the authority under the provisions of Gujarat Regularisation of Unauthorised Development Act, 2011.
4. It is, however, made clear that this Court has not expressed any opinion on merits of the matter and it would be open for the Municipal Corporation to examine such application in accordance with law under the provisions of Gujarat Regularisation of Unauthorised Development Act, 2011 without being influenced by the present order.
5. With this observation, the petition is disposed of as withdrawn, at this stage. Order of status-quo granted earlier stands vacated. Notice discharged with no order as to costs.
Sd/-
(R.M.
Chhaya, J.) M.M.BHATT Top