(PER : HONOURABLE MR.JUSTICE JAYANT PATEL)
1. The basis of present proceedings under the Contempt of Courts Act is the order dated 13.06.2012 passed by the learned Single Judge of this Court in Special Civil Application No.4604 of 2012, whereby, the direction was issued to take appropriate decision below the application of the petitioner for grant of B.U. Permission.
2. In response of the notice issued by this Court, pending the present proceedings, certain details were called for by the respondents and ultimately, the order dated 01.10.2013 has been passed by the Officer of A.U.D.A.-respondent herein, whereby, it has been stated that on compliance of two conditions, B.U. Permission shall be issued. Learned counsel appearing for the respondents further declared before us that if the bond is executed by the petitioner to the effect that in the event, the illegal construction is not regularized, he shall remove the construction subject to his right to challenge the same before the higher forum and if petitioner pays the betterment charges of Rs.43,08,790/- and upon compliance of both the conditions within 48 hours, B.U. Permission shall be issued.
3. Mr.
Shah, learned counsel appearing for the petitioner states that the petitioner will decide about the compliance of conditions or to carry the matter further.
4. In view of the above, we find that following directions shall meet with the ends of justice:-
(i) If the petitioner complies with the conditions of the order dated 01.10.2013 read with declaration made as recorded above, the B.U. Permission shall be issued within 48 hours from the date of compliance.
(ii) The petitioner if not agreeable for the compliance of the conditions, may resort to appropriate proceedings if otherwise permissible in law.
5. In view of the aforesaid directions, present proceedings are not required to be continued. Hence, disposed of.
(JAYANT PATEL, J.) (Z.K.SAIYED, J.) aruna Page 3 of 3