This petition, under Article 226 of the Constitution of India, has been preferred with the following prayers:-
"(A) admit this petition;
(B) issue appropriate writ, order or direction directing the respondent corporation authorities to consider and decide the representations made by the petitioners dated 28.3.2012 and 6.4.2012 pursuant to the order dated 16.3.2012 passed by this Hon'ble Court in Special Civil Application No.3353 of 2012 as expeditiously as possible preferably within 10 days from the date of receipt of copy of the order that may kindly be passed by this Hon'ble Court in this petition in the aforesaid peculiar facts and circumstances;
(C) issue appropriate writ, order or direction directing the respondent Corporation Authorities to take appropriate action against the concerned respondents who are carrying on the construction upon the subject matter of the land in question and they may be restrained from carrying out construction upon the land in question under Chapter 15 of the BPMC Act.
(D) pass such orders as thought fit in the interest of justice."
At the outset, Mr.P.B.Khambholja, learned advocate for Mr.N.K.Majmudar, learned advocate for the petitioners, submits that the interest of justice would be met if the Commissioner, Surat Municipal Corporation (respondent No.1) is directed to consider and decide the representations made by the petitioner on 28.03.2012 and 06.04.2012, pursuant to order dated 16.03.2012, passed in Special Civil Application No.3353 of 2012, within a time-bound period.
Upon the above statement being made by the learned advocate for the petitioners, the following order is passed:-
The Commissioner, Surat Municipal Corporation, shall decide the representations dated 28.03.2012 and 06.04.2012, made by the petitioners pursuant to order dated 16.03.2012, passed in Special Civil Application No.3353 of 2012, within a period of eight weeks from the date of receipt of a copy of this order, after granting an opportunity of hearing to all the affected parties.
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.) (sunil) Top