GIRISHKUMAR CHHOTALAL SHARMA Vs. KAPADVANJ NAGAR PALIKA

JUDGEMENT

(1.) BY way of present petition the petitioner has prayed to quash and set aside the notice dated 06. 06. 2007 issued by the respondent No. 1-Kapadvanj Nagar Palika.

(2.) THE facts of the case are that the land survey No. 181/1, 181/2, 181/3,232/1, 232/2 and 233/1 admeasuring 18212 sq. mtrs originally is belonged to Chimanlal Amratlal Patel, Jitendra Kumar Aditram Patel and Savitaben Baldevbhai of mouje Taluka Kapadvanj,district: Kheda. The said persons had applied to the Kapadvanj Area Development Authority for sanctioning the plan to obtain development permission. The Rajachithi No. 1597/91-92 dated 22. 11. 1991 was issued. The N. A. Permission was also issued by the Collector vide permission No. LND/n. A/s. R. /159/91-92 dated 17. 07. 1992. Total area admeasuring 18212 sq. mtrs area of 5239. 78 sq. mtrs was to be used for construction and the remaining area was to be kept open. 84 Plots are carved out from said total land. The petitioner has purchased the open D type plot Nos. 57,58,59 and 60 from predecessor in title in the year 2001. The petitioner has also purchased the plot No. D/85, D/86, D/87, D/88 from its owners in the year 2001. The petitioner had applied to the Kapadvanj Nagarpalika for revised development permission and submitted the revised plan. The Nagar Palika has also issued permission dated 05. 04. 2003. The petitioner completed construction work of ground and first floor as per sanctioned plan and development permission. The respondent authority has issued the impugned notice pursuant to the order passed by the Collector dated 28. 05. 2002. One Ashwinbhai Mohanbhai Patel had filed application on 07. 08. 2001 raising grievance that the plot Nos. D/85, D/86, D/87, D/88 purchased by the present petitioner is the land of common plot as per sanctioned plan and therefore said transaction is illegal. Therefore, the petitioner is restrained from making any construction upon the said plots. It was also averred in the said application that on Plot Nos. 57, 58, 59 and 60 the present petitioner tried to change the purpose of use without obtaining prior permission from the competent authority. The Collector had heard all the parties and passed order on 28. 05. 2002 whereby the Collector has declared the transactions qua plot Nos. D/85, D/86, D/87 is illegal and ordered to restore the common plot after removing the construction made upon said plots. The Collector has also passed the order to remove the construction which is contrary to the sanctioned plan in the plot Nos. 57,58, 59 and 60.

(3.) IT is pertinent to note that there was no construction in the said plots, even no panchnama was drawn by the authority. It is submitted that the said order came to be confirmed by learned Secretary.