1. This petition, under Article 226 of the Constitution of India, has been filed, with the following prayers:
"YOUR LORDSHIPS BE PLEASED to issue writ of or in the nature of mandamus and/or any other appropriate writ, order or direction:-
(a) By declaring that the inaction on the part of the respondent authority in not taking appropriate action as per the provisions of section 36 of the Gujarat Town Planning Act, 1976 against the illegal constructions put up on the petitioner's land situated in the sim of village Pardi Kande, being Revenue Survey No.6A and 71, Block No.6 admeasuring 0 Hec.95 Are - 65 sq. meters i.e. 9565 sq. meters;
(b) Directing the respondent authority to take appropriate action against the illegal construction put on the petitioner's land situated in the sim of village Pardi Kande, being Revenue Survey No.6A and 71, Block No.6 admeasuring 0 Hec.95 Are - 65 sq. meters i.e. 9565 sq. meters;
(c) PENDING THE ADMISSION, HEARING AND FINAL DISPOSAL OF THIS PETITION, BE PLEASED to direct the respondent to take appropriate action against the illegal construction put up on the petitioner's land situated in the sim of village Pardi Kande, being Revenue Survey No.6A and 71, Block No.6 admeasuring 0 Hec. 95 Are - 65 sq. meters i.e. 9565 sq. meters;
(d) To grant any other appropriate and just relief/s;"
2. The grievance of the petitioner is that some persons have put up unauthorized construction in the land purchased by the petitioner by registered Sale Deed on 01.09.2008, and the representations made by him to the Chairman, Surat Urban Development Authority (SUDA) have elicited no response.
3. At the outset, Mr. B.A. Surti, learned advocate for the petitioner, submits that the interest of justice would be met, if the respondent is directed to consider the representations dated 16.09.2011, 16.11.2011, 30.11.2011 and the last representation received by the respondent on 26.12.2011, in accordance with the provisions of the Gujarat Town Planning and Urban Development Act, 1979, within a stipulated period of time.
4. Upon the above statement being made by the learned advocate for the petitioner, the following order is passed:
The respondent-Chief Officer, Surat Urban Development Authority (SUDA), is directed to consider and decide the representations made by the petitioner on 16.09.2011, 16.11.2011, 30.11.2011 and the last representation received by the respondent on 26.12.2011, in accordance with law, the decision shall be rendered as expeditiously as possible and preferably within a period of three months from the receipt of a copy of this order, after hearing all affected parties.
5. The petition is disposed of, in the above terms, without entering into the merits of the case.
Direct Service of this order, is permitted.
(Smt.
Abhilasha Kumari, J.) rakesh/ Top