Gujarat HC quashes VMC order cancelling building allow in Tandalja space

By: Express News Service | Ahmedabad |

October 3, 2020 11:04:20 pm

Gujarat hc, Vadodara Municipal Corporation, Tandalja area construction, vmc Tandalja area construction order, Indian express newsContractor has moved earlier than the Vadodara district courtroom with an anticipatory bail plea and has moved the Gujarat High Court searching for quashing of the grievance. (File)

The Gujarat High Court on September 22 quashed and put aside orders by the Vadodara Municipal Corporation (VMC) that had restricted and cancelled permission for building on a plot within the Tandalja space.

Firoz Muhammad Patel, the petitioner within the case, was granted graduation letter by the Vadodara Mahanagar Sevasadan in January this yr to go forward with building on a plot that he had bought from one Feroz Fali Contractor. The cancellation by the use of three orders by the Vadodara Mahanagar Sevasadan in July and August had come owing to opposition from neighbouring Hindu residents.

Contractor had transferred the plot of land underneath the provisions of Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991 or what’s popularly referred to as the Disturbed Areas Act. An utility was made by Contractor for the switch of the plot to Patel in May 2019 and the identical was granted underneath the Act by the deputy collector. A sale deed was registered and by August 2019 the sale was recorded and mirrored within the property card as nicely.

In January this yr, permission letter was issued to Patel for building of residential property on the plot and the format plan was additionally authorized by the Vadodara Mahanagar Sevasadan authorities.

As per the petition, a service society meant for maintenance and upkeep which got here to be registered as Samarpan Housing Service Cooperative Society in 2000 made a number of representations to numerous authorities authorities, alleging the switch of plot from Contractor to Patel to be in violation of the Disturbed Areas Act and that the continued building being undertaken by Patel was unlawful.

On July 14, a prohibitory order was issued underneath the Gujarat Municipal Provincial Corporation (GPMC) Act in opposition to Patel, directing him to cease building on the bottom that the particulars of building are opposite to sanctioned plans. On July 30, a second prohibitory order was issued directing the petitioners to instantly cease building.

On July 31, Gujarat Energy Transmission Corporation Limited (GETCO) issued a discover alleging that Patel had put up unlawful building close to a excessive stress electrical energy line and that no objection certificates shall be required from the electrical energy inspector earlier than any additional building.

Notably, the petitioners continued to make acceptable representations to the authorities involved with regard to those notices, impressing upon their compliance and there being no violation, even requesting the authorities for an impartial verify on the development thus far, in the event that they so need.

However, on August 18, Vadodara Mahanagar Sevasadan cancelled the graduation letter for building that it had granted in January. A brief electrical energy connection taken by Patel and supplied for by the Madhya Gujarat Vij Company Limited (MGVCL) for the aim of building was additionally cancelled on August 25.

Firoz Mohammad Patel, Hanifaben Mohammad Patel and Sabir Mohammad Patel got here to problem the 2 prohibitory orders and the cancellation of graduation letter order by the Vadodara Mahanagar Sevasadan by the use of petition earlier than the Gujarat HC.

Following an enterprise given by the petitioners earlier than the courtroom of Justice Bhargav Karia that they “shall utterly abide” by the sanctioned plans as per the graduation letter and shall additionally abide by all circumstances laid by GETCO and MGVCL, the courtroom quashed and put aside the three orders of the Vadodara Mahanagar Sevasadan of July and August.

Meanwhile, an FIR was filed by one Manish Puranchandra Malhotra, claiming to be the President of Samarpan Housing Service Co-operative Society, in opposition to Feroz Fali Contractor, who had bought his plot to Patel, underneath provisions of the Disturbed Areas Act and IPC sections pertaining to offering false info, breach of belief and forgery.

Malhotra has alleged that Contractor “regardless of being a Parsi, didn’t disclose his faith…” within the paperwork he submitted earlier than the federal government authorities pertaining to the switch of plot to a Muslim. The FIR additionally alleges that Contractor “took benefit of his Muslim-sounding first title… in order to get permission (for switch of property) underneath the Disturbed Areas Act.”

Contractor has moved earlier than the Vadodara district courtroom with an anticipatory bail plea and has moved the Gujarat High Court searching for quashing of the grievance. Both are anticipated to be heard on Monday.

Notably, in December 2019, Gujarat HC had stepped in to allow a Rs 6-crore residential property transaction between a Vadodara-based Hindu businesswoman Gita Goradia and a Muslim businessman and educationist Faizal Fazlani underneath the Disturbed Areas Act, in the identical space of Tandalja in Vasna of Vadodara. The courtroom had struck down the Special Secretary Revenue Department (SSRD) verdict of the sale being non-maintainable.

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