ANJUBEN MAVJIBHAI BHINGRADIYA Vs. BANCHHANIDHI PANI

JUDGEMENT

(1.) The contempt proceedings have been initiated for alleged willful disobedience of the order dtd. 22/1/2020 passed in Special Civil Application No.19340 of 2019. On respondents being notified, they have appeared and respondent Nos.1 and 2 have filed their affidavit traversing the averments made in the contempt petition and denying the said averments except to the extent expressly admitted thereunder.

(2.) Having heard Mr.N.M.Kapadia, learned advocate appearing for the complainants, Mr.Kaushal Pandya, learned advocate appearing for respondent Nos.1 and 2 and Mr.Bhavik Shah, learned advocate appearing for respondent No.3, we are of the considered view that it would be apt and appropriate to extract the direction issued which is alleged to have been violated or willfully disobeyed. It is traceable to paragraph - 5 of the aforesaid order and it reads :

(3.) The affidavit of compliance which has been filed by respondent Nos.1 and 2 would indicate that on receipt of the order dtd. 22/1/2020, the respondent Corporation has issued notice dtd. 3/2/2020 under Sec. 260 of the Gujarat Provincial Municipal Corporations Act, 1949, to vacate the premises. A copy of the said notice is appended to the affidavit at Annexure-R1. The personal hearing was fixed on 7/2/2020 at 12.00 p.m. to enable the noticees to offer their explanation/submissions qua illegal construction made upon Plot No.33. The personal hearing notice dtd. 5/2/2020 is at Annexure-R2. On the hearing date, the opponent No.3 therein is said to have remained present and submitted written submissions as noted down in the Rojkam at Anenxure-R3. On account of opponent No.3 therein having failed to submit the development permission issued by the competent authority, the explanation offered by the 3rd respondent has been refused and by communication dtd. 7/2/2020 (Annexure-R4), 3 rd respondent has been directed to remove the illegal construction within three days. Thus, the direction issued stands complied.