Nikhil vs By

(Per : HONOURABLE MR.JUSTICE KS JHAVERI)

1. By way of this application, the applicant has prayed for the following reliefs :-

"[A] That this Hon'ble Court be pleased to review the order dated 5th March, 2009 passed in Special Civil Application no. 946 of 2009 and, thereupon, be pleased to pass an appropriate relief, as prayed for in writ petition, being Special Civil Application No. 946 of 2009;

[B] ......"

2. Pursuant to the order dated 19.03.2010 passed by this Court, the unauthorized construction put on by the respondents nos. 5 and 6 is partially removed. However, today, when the matter was called out, Mr. Sanjanwala, learned counsel appearing for respondents nos. 5 and 6 has produced on record the photographs, showing unauthorized construction removed by the said respondents nos. 5 &

6. A copy of the said photographs be supplied to the learned AGP and respondent no. 4 so as to enable them to prepare the report and the panchnama of the land in question and construction on the basis of the permissible limit.

3. Looking to the facts of the case, and in view of the subsequent development, we are of the opinion that ends of justice would be met by passing the following order :-

3. The Chief Officer of respondent no. 4-Municipality will examine the matter in presence of the Deputy Collector as regards the regularization of the remaining construction upon the parcel of land in question. The Chief Officer of respondent no. 4-Municipality will complete the aforesaid exercise within a period of three months from today and will submit the report of the examination of the regularization of the remaining construction of the parcel of land in question, before this Court in Special Civil Application No. 946 of 2009.

4. With the above observations, the application stands disposed of. It is, however, observed that the original file produced by respondent no. 4 is handed over to Mr. Deepak Sanchela, learned advocate appearing for respondent no. 4 by the Bench Clerk of this Court.

[K.S.

JHAVERI, J.] [Z.K. SAIYED, J.] /phalguni/ Top