With the Surat Municipal Corporation (SMC) initiating action against illegal constructions and buildings operating without fire safety post the recent fire incident at Takshashila Complex resulting in 22 deaths, a private builder has moved the Gujarat High Court to save his 600 shops commercial complex spread over 24,531 square-meters located in Anjana area of Surat. The builder was orally informed by the corporation authorities last week that the complex will be sealed for not having building use permission for a part of the commercial property.
During the hearing, the single-judge vacation bench of Justice AP Thaker sought a reply from the municipal corporation by June 14. While issuing a notice to SMC, it also restrained the authorities from taking any coercive action against the commercial complex, including sealing of the property.
Counsel for the builder and senior advocate RS Sanjanwala along with Digant Popat argued before the court that SMC had issued notices to the petitioner Nitin Gajera for Millenium Market on July 17, August 30, and November 19, 2018. The petitioner had replied to the notices on January 16, 2019, clearly stating the facts and pendency of litigation related to the conversion of NA permission from residential to commercial for a portion of the land (for which building use permission has not been granted) before the high court. The lawyers argued that after the reply, no action was initiated by the authorities and SMC's plan to initiate action after 10 months of issuing notice is illegal.
It was submitted before the court that the petitioner came to know from SMC officials that the commercial complex will be sealed and no further use shall be permitted based on the notices issues last year. The petitioner also submitted that following the information, he informed the corporation officials that he has the required fire safety permission, no objection certificate from the airport authority, environmental clearance certificate, and license for operation of lifts, for the commercial complex. He also informed SMC that the land has been developed as per the development permission issued by SMC.
The petitioner informed the court that nearly 70 per cent of the shops have been sold, not a single shop owner has been issued notice, and they are regularly paying taxes to the corporation. It was also argued that the part building use permission has not been granted due to a delay by the revenue authorities in processing the conversion from residential to commercial use of the land. The next hearing of the matter is scheduled on June 14.
The petitioner informed the court that nearly 70 per cent of the shops have been sold, not a single shop owner has been issued notice, and they are regularly paying taxes to the corporation.