Sca200152018 GJHC240765812018 21 24122021

Modification of Order dtd.
C/SCA/20015/2018 22/12/2021 in R/SCA/20015/2018ORDER DATED: 24/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 20015 of 2018
[On note for speaking to minutes of order dated 22/12/2021 in

R/SCA/20015/2018 ]
With
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 20015 of 2018
With
CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 1 of 2021
With
With
With
With
CIVIL APPLICATION (FIXING DATE OF EARLY HEARING) NO. 1 of 2021
==========================================================
M/S POOJA DEVELOPERS
Versus
STATE OF GUJARAT
==========================================================
Appearance:
DHARA P BHATT(7530) for the Petitioner(s) No. 1
MR. PARTH H BHATT(6381) for the Petitioner(s) No. 1
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the
Respondent(s) No. 1
MR HS MUNSHAW(495) for the Respondent(s) No. 2
NOTICE SERVED BY DS(5) for the Respondent(s) No. 3,4
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 24/12/2021
ORAL ORDER
By way of speaking to minutes, the learned advocates have

prayed for insertion of the word “AUDA” in direction no. 3 at page
no. 4 in the order dated 22.12.2021 which was though part of the
Page 1 of 2
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Modification of Order dtd.
C/SCA/20015/2018 22/12/2021 in R/SCA/20015/2018ORDER DATED: 24/12/2021
order but remain to be typed.
In view of that, in direction no. 3 at page no. 4 the word

“AUDA” shall be inserted and hence, direction no. 3 would reads as
under:-
[3] Till the hearing of these matters takes place, the

State authorities AUDA as well as RERA authorities
shall not take any coercive action against the petitioners
on the ground that the petitioners are without Building
Use Permission.
Speaking to minutes is disposed of as allowed.
(NIRZAR S. DESAI,J)
VARSHA DESAI
Page 2 of 2

Present Order is modified vide
C/SCA/20015/2018 Order dtd. 24/12/2021 in ORDER DATED: 22/12/2021
R/SCA/20015/2018
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

With
With
CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 1 of 2021
With
With
With
With
CIVIL APPLICATION (FIXING DATE OF EARLY HEARING) NO. 1 of 2021
==========================================================
M/S POOJA DEVELOPERS
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR DHARA P BHATT(7530) for the Petitioner(s) No. 1
MR PARTH H BHATT(6381) for the Petitioner(s) No. 1
MR JAYNEEL PARIKH, AGP for the Respondent(s) No. 1
MR HS MUNSHAW(495) for the Respondent(s) No. 2
NOTICE SERVED BY DS(5) for the Respondent(s) No. 3,4
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 22/12/2021
COMMON ORAL ORDER
Heard learned advocates for the parties.
Mr. Jayneel Parikh, learned Assistant Government

Pleader requests for time by reiterating that
appointment of some Senior Law Officer to represent
State Government in these matters is under active
consideration and there is likelihood that senior Law
Page 1 of 4

R/SCA/20015/2018
Officer will be appointed within a day or two.
The aforesaid request is strongly objected by

learned advocates for the petitioner Mr. Apurva S.
Vakil and Mr. Parth Bhatt on the following grounds:
[1] According to learned advocate Mr. Apurva

Vakil, sealing drive is going on by AMC/AUDA and
as the subject matter of this petition also
pertains to non-grant of Building Use
Permission, the petitioners apprehend that if
their premises is also sealed or any action is
taken by any authority in absence of Building
Use Permission, the persons in whose favour
third party rights are created in the
residential premises would be adversely affected
for no fault on their part.
[2] Learned advocate Mr. Vakil submits that as

far as his petition being Special Civil
Application No.11671 of 2019 is concerned, the
State Government is not a party, and therefore,
that matter can be proceeded.
[3] Learned advocate Mr. Parth Bhatt submits

that RERA authority in the past granted
extension to the petitioners pursuant to the
order passed by a co-ordinate Bench of this
Court and that period has expired and now if
fresh extension is not granted, in that case he
also apprehends some action against the
Page 2 of 4

R/SCA/20015/2018
petitioners of Special Civil Application

Nos.20015 of 2018 and Special Civil Application
No.20018 of 2018.
On the premise of the aforesaid objections by

both learned advocates Mr. Apurva Vakil and Mr. Parth
Bhatt, submits that the matters be taken up without
granting any adjournment.
Learned advocate Mr. Munshaw submits that they

are ready to go on with the matters as learned Senior
Advocate Mr. S.N.Shelat is appointed to represent
AUDA and he has no objection to proceed with the
matters.
However, in view of the request made by Mr.

Parikh, learned Assistant Government Pleader that a
Senior Law Officer is being appointed in the matters,
this Court is left with no option but to adjourn the
matters. However, considering the difficulty that the
petitioners are facing, without going into the merits
of the matters, this Court passes the following
order:
[1] The Registry is directed to list this group

of petitions immediately after fresh matters on
3.1.2022 peremptorily.
[2] On 3.1.2022 irrespective of the fact that

the State appoints Senior Law Officer or not,
the hearing of the group of petitions will
Page 3 of 4

R/SCA/20015/2018
commence.
[3] Till the hearing of these matters takes

place, the State authorities as well as RERA
authorities shall not take any coercive action
against the petitioners on the ground that the
petitioners are without Building Use permission.
Learned advocates Mr. Apurva Vakil and Mr. Parth

Bhatt state that on 3.1.2022 on no ground either of
them will seek any adjournment and if they seek any
adjournment, in that case, this order will cease to
operate. Therefore, it is made clear that the
aforesaid order shall continue till 3.1.2022 and if
any request for adjournment comes from the State
Government/AMC/AUDA, then only this order will
continue to operate thereafter.
Stand over to 3.1.2022. To be taken up after

fresh matters peremptorily. Direct service today, is
permitted.
(NIRZAR S. DESAI,J)
P. SUBRAHMANYAM
Page 4 of 4

Sca200152018 GJHC240765812018 21 24122021

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Modification of Order dtd.

C/SCA/20015/2018 22/12/2021 in R/SCA/20015/2018ORDER DATED: 24/12/2021

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 20015 of 2018

[On note for speaking to minutes of order dated 22/12/2021 in

CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

By way of speaking to minutes, the learned advocates have

Downloaded on : Wed Mar 23 22:39:52 IST 2022

order but remain to be typed.

In view of that, in direction no. 3 at page no. 4 the word

[3] Till the hearing of these matters takes place, the

Speaking to minutes is disposed of as allowed.

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 20015 of 2018

CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

COMMON ORAL ORDER

Heard learned advocates for the parties.

Mr. Jayneel Parikh, learned Assistant Government

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Officer will be appointed within a day or two.

The aforesaid request is strongly objected by

[1] According to learned advocate Mr. Apurva

[2] Learned advocate Mr. Vakil submits that as

[3] Learned advocate Mr. Parth Bhatt submits

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petitioners of Special Civil Application

On the premise of the aforesaid objections by

Learned advocate Mr. Munshaw submits that they

However, in view of the request made by Mr.

[1] The Registry is directed to list this group

[2] On 3.1.2022 irrespective of the fact that

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[3] Till the hearing of these matters takes

Learned advocates Mr. Apurva Vakil and Mr. Parth

Stand over to 3.1.2022. To be taken up after

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