High CourtsDivision Bench(2021) 05 GUJ CK 0015

Ahmedabad Medical Association Through Vice President Maulik Sureshchandra Shah vs State Of Gujarat

Gujarat High Court · Decided on 11 May 2021

HON’BLE JUDGES
Bela M. Trivedi, J · Bhargav D. Karia, J
CASE NUMBER
R/Special Civil Application No. 14157, 5818 Of 2021, Civil Application (For Joining Party) No. 2 Of 2020, 1, 5 Of 2021 In R/Writ Petition (Pil) No. 118, 154 Of 2020

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Judgment

23 paragraphs · 437 words

Bela M. Trivedi, J

1.

Heard learned Senior Advocate Mr. Mihir Thakore along with learned Advocate Mr. Keyur Gandhi appearing for the petitioner and learned

Advocate Mr. Satyam Chhaya with learned Senior Advocate Mr. Mihir Joshi for the Municipal Corporation in Special Civil Application No. 5818 of

2021.

Learned Advocate Mr. Chhaya states that Affidavit has been filed on behalf of the Municipal Corporation yesterday in the Office. Learned Senior

Advocate Mr. Thakore seeks time to file affidavitÂin rejoinder. He also submitted that the petitioner has already made an application to the

Corporation for relaxation of the Rules for granting the Building Use permission so that the petitioner could start the hospital at the earliest. Let the

Corporation consider the application in accordance with law.

2.

We have also heard learned Advocate Mr. Amit Panchal appearing partyÂinÂperson in Civil Application No. 5 of 2021 in WPPIL No. 118 of 2020

and learned Advocate General Mr. Kamal Trivedi for the State. Having regard to the affidavitÂinÂreply filed on behalf of the State, Mr. Panchal

appearing partyÂinÂperson seeks permission to file an application for joining (1) Bharuch Nagarpalika, Notice be served through Chief Officer (2)

Mobin Peerzada, Assistant Administrator as a Nodal Officer/Coordinator, nominated by the Trust under the MOU executed between the District

Collector Bharuch and the Trust, (3) Bombay Patel Welfare Society, Bharuch in whose hospital the incident in question had taken place and (4) Chief

District Medical Officer (CDMO) Bharuch before whom the report has been submitted by the committee, as the party respondents in the Civil

Application No. 5 of 2021 in WPPIL No. 118 of 2020.

Mr. Panchal may file necessary application in the Office today itself alongwith the amended causeÂtitle. On the amended causeÂtitle being

submitted, Notices be issued to the newly added respondents. It is directed that the newly added respondents shall file their respective affidavitÂinÂ‐

reply in response to the allegations made in the Civil Application No. 5 of 2021 in the office of the Registry and shall serve a copy thereof to Mr. Amit

Panchal and also other concerned Advocates appearing in the Civil Application latest by 21.05.2021. The Affidavits may be served through eÂmail to

the concerned Advocates. Mr. Panchal is permitted to serve the newly added respondents through eÂ​ mail.

3.

We have also heard learned Advocate Mr. Siddhant R Shah appearing with learned Senior Advocate Mr. Marshal and learned Advocate Mr.

Satyam Chhaya for the respondent Corporation in Special Civil Application No. 14157 of 2020. Let this matter also be listed on 25.05.2021.

4.

Let all captioned matters be listed for hearing on 25.05.2021 at 11:00 A.M.