C/SCA/12447/2025 ORDER DATED: 09/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 12447 of 2025 ========================================================== THE AVADH BUNGLOWS COOPERATIVE HOUSING SERVICE SOCIETY LIMITED Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR. JAY M THAKKAR(6677) for the Petitioner(s) No. 1 AISHVARYA(8018) for the Respondent(s) No. 2 MR SAHIL TRIVEDI, AGP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT Date : 09/09/2025 ORAL ORDER 1. This petition is filed seeking to direct respondent – Corporation to act upon the show-cause notice dated 18.02.2025. 2. Heard learned advocate Mr. Jay Thakkar for the petitioner. Learned advocate for the petitioner submitted that the petitioner herein is a residential society and the by-laws of the society does not permit commercial activity in a residential society. Despite that respondent Nos. 3 and 4 have done illegal construction and also doing commercial activity in the residential society. Accordingly, a complaint was made pursuant to which the Ahmedabad Municipal Corporation issued a show-cause notice dated 18.02.2025 despite that no action is taken till date and the private respondent has C/SCA/12447/2025 ORDER DATED: 09/09/2025 continued with commercial activity in the residential society. 3. Learned advocate Ashutosh Rajni for learned advocate Ms. Aishvarya Gupta for respondent – Corporation submitted that the Corporation has received application of private respondents under the provisions of the Gujarat Regularization of Unauthorized Development Act, 2022 (for short ‘the GRUDA, 2022’) and the same is pending adjudication. 4. Considering the above fact and noticing that though the by-laws of the Society does not permit commercial nature of use in residential society a show-cause notice was issued by the Ahmedabad Municipal Corporation (AMC) for unauthorized construction as also for commercial use. It is also noticed that one of the covenant of the sale deed does not permit commercial use of the residential premises in the society. Since now the application under the GRUDA, 2022 is pending, the authorities are directed to act in accordance with GRUDA, 2022 as expeditiously as possible and thereafter to pass appropriate orders in accordance with law. 5. With the above directions, present petition is disposed of. Direct service is permitted. (MAUNA M. BHATT,J) SHRIJIT PILLAI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PILLAI SHRIJIT P(HC01400), PRIVATE SECRETARY, at High Court of Gujarat on 09/09/2025 16:35:51