1. This petition under Article-226 of the Constitution of India has been preferred, with the following prayers :
"a) This Hon'ble Court be pleased to admit this petition.
b) This Hon'ble Court be pleased to issue a writ of mandamus and certiorari or in the nature of mandamus or certiorari or any other appropriate writ, order or direction, quashing and setting aside the notices dated 7th March, 2012, 14th March 2012 and 22nd March 2012 at Annexure A and declare the same as null and void;
c) This Hon'ble Court be pleased to issue a writ of mandamus or in the nature of mandamus or any other writ, order or directions, directing the Respondent to consider the application made by the Petitioner dated 22nd March 2012 in accordance with law and further be pleased to direct the Respondent not to initiate any steps in furtherance to the notices at Annexure A pending the decision on the applications dated 22nd March 2012;
d) This Hon'ble Court be pleased to issue a writ of mandamus or in the nature of mandamus or any other writ, order or direction, directing the Respondents not to initiate any coercive steps against the Petitioners or the building occupied by the Petitioner without following due procedure of law pursuant to the notices at Annexure A;
e) Pending the admission and final disposal of the petition this Hon'ble Court be pleased to restrain the Respondents from initiating coercive steps against the Petitioners or the building occupied by him;
f) In the alternative, pending the admission and final disposal of the petition this Hon'ble Court be pleased to direct the Respondents to maintain status quo qua the property in question;
g) Pending the admission and final disposal of the petition this Hon'ble Court be pleased to direct the Respondent to consider the application made by the Petitioner;
h) This Hon'ble Court be pleased to grant ad-interim relief in terms of para-e), para-f) and para-g).
i) To pass such other and further orders as are necessary in the interest of justice;"
2. The grievance of the petitioner is that he has been served with three notices dated 07.03.2012, 14.03.2012 and 22.03.2012 to remove the construction in respect of the building in which he is residing. According to the petitioner, his case would come under the purview of the Gujarat Regularization of Unauthorized Development Act, 2011 ("the Act", for short), and it is only the Designated Authority under the said Act, that is, Commissioner, Surat Municipal Corporation, who would have the power to decide the matter.
3. Mr.Harshadray A. Dave, learned advocate for the petitioner submits that though the petitioner has made representations to the respondent - Municipal Corporation earlier, he may be permitted to make a fresh representation to the Commissioner, Surat Municipal Corporation, for regularization of the allegedly unauthorized construction, as the petitioner is ready and willing to pay impact fees for the said purpose.
4. Upon the above statement being made by the learned advocate for the petitioner and as the petitioner is desirous of making an application under the Act before the Designated Authority, that is, the Commissioner, Surat Municipal Corporation, the following order is passed :
The petitioner can make an application to the Designated Authority (Commissioner, Surat Municipal Corporation), within a period of 15 days from today. If the application is made within the stipulated period of time, the Designated Authority (Commissioner, Surat Municipal Corporation), shall consider and decide the same, in accordance with law.
Till such time as the decision upon the application made by the petitioner is arrived at by the Designated Authority, no action be taken by the respondent - Surat Municipal Corporation, pursuant to the impugned notices dated 07.03.2012, 14.03.2012 and 22.03.2012.
The petition is disposed of, in the above terms, without entering into the merits of the case.
Direct service of this order, today, is permitted.
(Smt.
Abhilasha Kumari, J.) ~gaurav~ Top