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Gujarat HC pulls up GMC over Gandhinagar’s tallest building, Real Estate News, Realty Beat

Gujarat HC pulls up GMC over Gandhinagar's tallest building, Real Estate News, ET RealEstate
AHMEDABAD: The Gujarat high court on Tuesday pulled up the Gandhinagar Municipal Corporation (GMC) and clarified that it may take coercive action, including sealing, against an 11-storeyed building in Sector 11, if the civic body has withdrawn its development permission and there is no occupancy certificate issued to it.

The bench of Chief Justice Aravind Kumar and Justice Ashutosh Shastri had ordered two lawyers to inspect the building constructed by J K Infrastructure, which allegedly has an involvement of ex-mayor Ritaben Patel, and submit their report.

This was after an ex-councillor, Pinkyben Patel, filed a petition through advocate Hardik Pandit complaining that the multi-storeyed building was built without development permission and was being utilised without any occupancy certificate.

The court commissioners reported about the occupancy and usage of building. When the court questioned GMC’s lawyer whether it should direct the government to take action against the municipal commissioner for inaction against the building, the lawyer said that the building would be sealed within no time. The court questioned why the corporation was silent when shops are operating from the building without occupancy certificate. The judges pulled up GMC’s counsel for his arguments, which the court felt was in defence of the developer.

The high court ordered the developer to file an affidavit clarifying which permissions he has received to put up the construction and permitting occupation and use. The court clarified that the “pendency of the petition would not come in the way of GMC from taking any coercive step including the sealing of the building, if it has withdrawn development permission and no occupancy certificate is issued”.

When the developer’s advocate submitted that the developer has rectified all issues once it would brought to his notice, the court said that it hoped that nobody dies in fire accident. The court has posted further hearing on January 11.


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