Gujarat HC imposes ₹2,500 fine on petitioner for ‘misconceived’ petition over building construction

Gujarat High Court has imposed cost (fine) of ₹2,500 on petitioner for filing petition before court with the prayer to decide the representation without placing on record any document in support of the grounds raised in the petition related to building construction matter in Vadodara.

The court has asked petitioner Rajindersinh Walia to deposit the amount of cost before the Gujarat State Legal Service (GSLA) within 15 days of this order passed by the court.

The court noted that -  petitioner being the individual has filed this petition on a mere allegation that the construction was done by private individual without any development permission. No details with regard to the land or the provisions of the Gujarat Provincial Municipal Corporations Act, 1949 (the GPMC Act') has been referred or pointed out.

Moreover, private respondent against whom allegations are made has not been joined as a party respondent. It is noticed that now a days such misconceived petitions are filed with a prayer to decide the representation,

without citing any provision of law, the court said.

The advocate appearing for the Vadodara Municipal Corporation submitted that the construction was done after having development permission on April 4, 2024. The development permission dated April 4, 2024 was placed on record. The  construction of building is complete having seven floors as per the permission and this petition is filed without any details and without any proof by simply making the allegations. Therefore, appropriate cost may be imposed.

A petition was filed in Gujarat High Court claiming that the building named ‘Vins Fame’ is constructed without any development permission. The petitioner claimed that this building is causing obstruction to his day-to-day approach to his residence and therefore, appropriate action may be directed to the Vadodara Municipal Corporation either to decide representation or to take action for the alleged unauthorised construction.