RAMJI SHAMJI PINDORIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition under Article 226 of the Constitution of India, the petitioner has made following prayers in terms of para 10(A) and 10(B) :-

(2.) According to the petitioner, he is resident of village Madhapara Nava Vaas and also member of Madhapara Nava Vaas Gram Panchayat. According to the petitioner the authority concerned conferred power to Village Panchayat for granting development permission in relation to building and construction as per section 104 of Gujarat Panchayat Act. It is specific case of the petitioner that though development permission can be granted by Village Panchayat but to sanction plans and take decision in technical issues in relation to construction activity is not available with the Panchayat. In nutshell, such power in relation to construction can only be done by TDO i.e. respondent No.3 herein and therefore, grant of permission by respondent no.4 to sanction plan and allowing to change of user of property from residence to commercial and permission of sub plotting is illegal. Previously, the petitioner moved one petition before this Court to initiate inquiry in connection with his written representation. Vide order dated 20.11.2018 passed in Special Civil Application No.15455 of 2018, the Court has passed following order :-

(3.) Feeling aggrieved by said order, the petitioner carried the matter before the Division Bench by way of contempt proceedings, as the authority did not take any action against the Sarpanch of Village Madhapara. Subsequently, it appears that the petitioner approached the authority concerned and the authority concerned after extending opportunity to the petitioner filed application preferred by the petitioner.