High Court of Gujarat
SIKANDER ISMAILBHAI VORAversusAHMEDABAD URBAN DEVELOPMENT AUTHORITY
- Decided
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
- Bench
- L ODEDRA
Holding
The authority must consider the petitioner's representation and provide a hearing before proceeding with the drainage pipeline work.
Summary
The petitioners sought to halt the imminent laying of drainage pipelines at the site of a proposed petrol pump, alleging that the work was being undertaken without any notice and in violation of natural justice principles. The respondents argued that the petitioners had not filed a development application under the Gujarat Town Planning and Urban Development Act. The petitioner contended that a representation had been made urging the authority to consider the pipeline work before proceeding. The Court directed the Ahmedabad Urban Development Authority to consider the petitioner's representation within fifteen days and to provide a hearing before any decision. The petition was disposed with these directions, and the petitioners were permitted to initiate further proceedings if dissatisfied with the outcome.
Issues considered
- Whether the laying of drainage pipelines without notice infringes the principles of natural justice
- Whether the petitioner was required to file a development application under the Gujarat Town Planning and Urban Development Act
- Whether the authority must consider the petitioner's representation and afford a hearing before proceeding
Legislation cited
- Gujarat Town Planning and Urban Development Act
Subjects
- drainage pipeline
- natural justice
- notice
- development application
- Gujarat Town Planning and Urban Development Act
- representation
- hearing
Judgment
C/SCA/7621/2026 ORDER DATED: 25/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7621 of 2026
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SIKANDER ISMAILBHAI VORA & ANR.
Versus
AHMEDABAD URBAN DEVELOPMENT AUTHORITY & ANR.
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Appearance:
JENIL M SHAH(7840) for the Petitioner(s) No. 1,2
MR ABHISHEK JAIN, ASST.GOVERNMENT PLEADER for the
Respondent(s) No. 2
MR ANUJ K TRIVEDI(6251) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 25/05/2026
ORAL ORDER
1. Aggrieved by the factum of imminent laying of the drainage
pipelines, at the site of proposed petrol pump, the
petitioner has preferred these proceedings.
2. During the course of the arguments, learned advocate for
respondent No.1 has submitted that as such, vis-a-vis the
proposed petrol pump, no development application has
been made by petitioner under the Gujarat Town Planning
and Urban Development Act.
3. On the other hand, the submission of the learned advocate
for the petitioner is that he has made a representation
urging inter alia that the laying of the drainage pipeline is
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C/SCA/7621/2026 ORDER DATED: 25/05/2026
without issuance of any notice, and without complying
with the principles of natural justice.
4. On overall consideration of the matter, respondent No.1
authority is directed to consider the representation
produced by the petitioner at Annexure-H to the petition
preferably within the period of fifteen (15) days from the
date of the receipt of the copy of this order. The petitioner
shall be at a liberty to prefer appropriate proceedings, in
case he is aggrieved by the said decision. Obviously, the
representation shall be decided after giving an opportunity
of hearing to the petitioner.
5. The petition stands disposed of in aforesaid terms.
(J. L. ODEDRA, J)
SUDHIR
Page 2 of 2
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SUDHIR ACHUTHAN EZHUTHASSAN(HC00192), GOV, at High Court of Gujarat on 25/05/2026 16:37:21
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