Monday, October 2, 2023

Gujarat High Court disposes of PIL to quash Vadodara Municipal Corporation resolution

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The Gujarat High Court has recently disposed of a Public Interest Litigation (PIL) seeking the quashing and setting aside of Resolution No.87 dated 27.10.2021 passed by the general body meeting of the Vadodara Municipal Corporation.

The PIL filed by Harshit Jayeshkumar Upadhayay further seeks quashing and setting aside the consequential action of Vadodara Municipal Corporation (respondent No.1) therein in so far as private limited is given additional land which is part of total land originally allotted to private limited (which total original allotment is not cancelled and, in fact, there is a sale deed for the same) and is also given TDR (Transfer of Development Right) for the unutilized land.

It is further prayed for the direction to the Vadodara Municipal Corporation to consider the Representation dated 02.03.2022 made by the petitioner and take action in accordance with law.

Maulik Nanavati, counsel for the Vadodara Municipal Corporation, submitted that if the representation of the petitioner dated 2.3.2022 is not being disposed of till date, the same would be considered.

Therefore, the Division Bench of Chief Justice Aravind Kumar and Justice Ashutosh J. Shastri deemed it proper to record the submissions and dispose of the petition. Accordingly, the petition stands disposed of by placing submissions made by Maulik Nanavati, to consider representation dated 2.3.2022 in accordance with law if not already disposed of expeditiously.

The Court clarified that it has not expressed any opinion on the merits of the matter and all contentions on both parties are kept open and by disposal of this petition, it has not adjudicated any of the rights of the parties including the other respondent.

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