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Judgment
Nirzar S. Desai, J
By way of this petition, the petitioner has prayed for following reliefs:
“1. Your Lordships be please to allow and permit the Application and be please to pass an Appropriate Writ of Mandamus, Certiorari, Order, Direction to the Respondents 2, 4, and 5 to immediately proceed with the demolition of the Illegal Construction of The Nagina Masjid situated at Panigate at Vadodara which is being constructed without any Sanction or Permission from the respondent authorities in the interest of justice and good conscience.
Your Lordships be please to direct the Respondent 3 to provide Police Protection to the Demolition Squad of the Vadodara Municipal Corporation and take necessary steps and arrangement to see that the respondent 6 to 14 and their mens do not disturb the Law and order situation of the area and take preventive measure against the respondent 6-to 14 and their mens if they try to prevent the demolition of the illegal Construction at Nagina Masjid Panigate Vadodara.
Your Lordships by way of Ad-Interim Relief be please to Stay the Illegal Construction carried on Nagina Masjid, Panigate Vadodara in the interest of justice and good conscience.
Your Lordship be please to pass any just and proper order in the interest of justice and good conscience.”
2.1 Learned advocate Mr.MTM Hakim appearing for Respondent Nos.6 to 9 and 11 to 14 states that the respondents, whose alleged illegal construction is sought to be demolished for which prayer is made by the petitioner, have already applied for regularisation of alleged unauthorised construction under the ‘Gujarat Regularisation of Unauthorised Development Act, 2022’ [‘GRUDA’, for short].
2.2 Learned advocate Mr.Hakif further submits that considering the in-built mechanism of GRUDA, so long as the application for regularisation of unauthorised construction is under consideration by the designated authority, any of the act / order / notice for removal of alleged unauthorised construction shall remain suspended or in abeyance and hence, the present petition may be disposed of in view of the fact that even if an application preferred by the respondents is rejected then also they are required to file an appeal under Section 12 of GRUDA and hence, in any case, this petition would not survive.
In view of aforesaid submission, which has not been disputed by learned advocate Mr.Nanavati appearing for Vadodara Municipal Corporation, present petition is disposed of as an application under GRUDA is pending. Rule is discharged. No order as to costs.
It is clarified that this Court has not gone into merits of the matter.