1 Heard Mr. Vijay Nagesh for the petitioners and Mr. Bhavesh Trivedi, learned Advocate for respondent No.2. Considering the affidavit-in-reply filed by respondent No.2 in which in paragraph Nos. 5 and 6 the following statement is made :
"(5) It is further submitted that Municipality has also decided to lodge the criminal complaint against the erring respondent for illegal construction. The process is undertaken and criminal complaint will be lodge very soon. It is further humbly submitted that. In view of the provisions of Gujarat Municipalities Act 155(7)(b) as well as the law laid down by the Hon'ble Gujarat High Court in case of Nafisbanu Gulambhai Memon V.s. Collector reported in 1999(2) GLR 1438 demolition can be done only after conviction under S. 155(7)(b) of the Gujarat Municipalities Act. Therefore to obtain conviction I have decided to lodge criminal case against the builder and erring owner. It is further humbly submitted that apart from the above referred provision and judgment, if the Hon'ble High Court is pleased to pass any order I will be obliged to carry that as per the direction of the Hon'ble High Court.
(6) It is further submitted that respondent trust has obtained prior permission of the Municipality in the year 1998. Said permission is produced by the petitioner himself. Therefore, whole building is not without permission. It is further submitted that the part of illegal construction is required to be removed."
2. In view of the aforesaid statement having been made, Mr. Vijay Nagesh, learned Advocate for the petitioners does not press this petition at this stage. It is for the Municipality to take action as quoted on oath. It is expected that the respondent Municipality shall take action as quoted above as expeditiously as possible only after hearing all affected parties and it may not be construed as direction of this Court and the respondent Municipality shall take action strictly in accordance with law and if it is found that even the petitioners are in occupation of unauthorized premises, the respondent Municipality can take appropriate action in accordance with law. With this observation, the petition stands disposed of accordingly. Notice discharged with no order as to costs.
Sd/-
(R.M.
Chhaya, J.) M.M.BHATT Top