(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) This appeal under clause 15 of the Letters Patent is at the instance of a third party in a writ application and is directed against the order dated 23rd February 2011 passed by a learned Single Judge of this Court by which the learned Single Judge directed the Ahmedabad Urban Development Authority (AUDA) to implement the notice of demolition already issued by such authority within a specified time.
2. As indicated earlier, the third party to the writ application has come up with the present appeal.
3. The grievance of the appellants is that by virtue of the order passed by the learned Single Judge, the AUDA will demolish the construction of the appellants without complying with the formalities required under the Gujarat Town Planning and Urban Development Act, 1979 and the Rules framed thereunder as if this is a direction of this Court and that the construction is itself illegal.
4. The learned advocate appearing on behalf of the writ petitioner has supported the order impugned and has contended that the AUDA having issued such notice of demolition, there was no illegality in directing the AUDA to implement such notice.
5. None appears on behalf of the AUDA in spite of service.
6. After hearing the learned counsel for the parties and after going through the material on record, we are of the view that in order to implement any notice issued under the aforesaid Act, it is the duty of the authority concerned to comply with the provisions of the Act. Since the appellants were not party to the proceeding before the learned Single Judge, they have right to pray for modification of that order to this extent that by taking aid of such order none of the formalities required to be taken before demolishing any alleged unauthorised construction should be dispensed with.
7. We, therefore, modify the order impugned only to this extent that before taking any action for demolition, the AUDA will comply with the provisions contained in the Act. We further make it clear that we have not gone into the question as to whether there has been really any illegal or unauthorised construction in violation of the sanctioned plan and it is for the AUDA to take final decision if any objection is raised by the person allegedly responsible for such construction and to proceed in accordance with the provisions of the Act. The AUDA will take final decision in the matter positively within two months from the date of communication of this order.
8. With the above observations, the appeal stands disposed of.
(BHASKAR BHATTACHARYA, ACTING CJ.) (A.L.
DAVE, J.) zgs/-
Top