C/SCA/5637/2025 ORDER DATED: 07/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 5637 of 2025 ========================================================== PATEL PARESH CHANDRAKANTBHAI Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR MEET D KAKADIA(11896) for the Petitioner(s) No. 1 MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1 MR ROHAN RAVAL AGP for the Respondent(s) No. 1 MR YOGI K GADHIA(5913) for the Respondent(s) No. 2,3 ========================================================== CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT Date : 07/05/2025 ORAL ORDER 1. This petition is filed challenging the order dated 28.03.2025 passed under Section 260(2) of the Gujarat Provincial Municipal Corporation Act, 1949 (“GPMC Act” for short) (Annexure A page 25) under which, the petitioner was informed to remove un-authorised construction, failing which, action of demolition has been indicated. 2. Heard learned advocate Mr.Meet Kakadia for the petitioner, learned AGP Mr.Rohan Raval for respondent No.1 and learned advocate Mr. Yogi Gadhia for respondent Nos.2 and 3. Page 1 of 3 C/SCA/5637/2025 ORDER DATED: 07/05/2025 3. Learned advocate Mr. Kakadia for the petitioner requested to take on record the rejoinder. The same is taken on record. 4. Learned advocate Mr. Kakadia for the petitioner at the outset submitted that prior to order under Section 260(2) of the GPMC Act dated 28.03.2025, the petitioner has preferred application seeking regularization of un-authorized construction under the provisions of the GRUDA 2022. The said application is at page 102 of the petition. This application was decided by the respondents on 01.05.2025 (page 142) – rejoinder. Against the rejection order, the petitioner has preferred appeal before the appeal authority under Section 12 of the GRUDA 2022 and the same is pending. 5. Learned advocate Mr. Gadhia for respondent Corporation could not dispute the above factual aspect and the pendency of appeal. 6. Therefore, considering the above facts and noticing that the appeal is pending against the order dated 01.05.2025, this Court deems it appropriate to pass following order, (i) The appeal authority is directed to decide the appeal as expeditiously as possible, preferably within a period of three months from the date of this order. Page 2 of 3 C/SCA/5637/2025 ORDER DATED: 07/05/2025 (ii) The contentions of both the parties are kept open, more particularly to prove whether the alleged unauthorised construction was prior to the cut-off date or post thereof, since the same will be determine the applicability of GRUDA, 2022. (iii) After determining the applicability of GRUDA, 2022 or otherwise, the appeal authority to pass a reasoned order in accordance with law and after providing equal opportunity to both sides to present their case. (iv) Since directions are issued to decide the appeal in accordance with law, no coercive action shall be taken till the decision on appeal is decided. 7. With this, the petition is disposed of. 8. Direct service is permitted. (MAUNA M. BHATT,J) NAIR SMITA V./101 Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SMITA VINU NAIR(HC00186), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 07/05/2025 16:20:42