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Monday, July 26, 2021

Ahmedabad: Businessman moves HC after VMC stays construction over property card

Following the verdict from the HC, Fazlani had approached the city survey superintendent in June 2020 for recording their names in the property card in pursuance to the registered sale deeds but the application was kept pending by the city survey superintendent.

By: Express News Service | Ahmedabad |
July 23, 2021 12:40:57 am
The court has directed the VMC to, on the next date, produce on record any order, if passed with respect to the application made by the petitioners on June 17, 2020, before the city survey superintendent seeking property card. (Representational )

A Muslim businessman who had bought a Rs 6-crore residential property in Vadodara from a Hindu businesswoman — the transaction of which was upheld by the Gujarat High Court in a case under the Disturbed Areas Act in December 2019 — has moved the court seeking to quash a stay by the Vadodara Municipal Corporation on further construction on the plot for want of property card.

The court of Justice Sangeeta Vishen issued notice to the civic body on Thursday, kept returnable for July 27.

Businesswoman Geeta Goradia sold her property on the Vasna Tandalja road of Vadodara to businessman and educationalist Faizal Fazlani for Rs 6 crore in August 2019 by the collector’s approval. The property transaction, based on fair price and free will, was objected to by members of the Samarpan Society, where the bungalow is located, citing provisions of the Disturbed Areas Act.

Following the objections raised, the Special Secretary of Revenue Department (SSRD) had stayed the transaction but the SSRD stay was subsequently overturned by the Gujarat HC in 2019.

Following the verdict from the HC, Fazlani had approached the city survey superintendent in June 2020 for recording their names in the property card in pursuance to the registered sale deeds but the application was kept pending by the city survey superintendent.

By December 2020, the petitioners also sought construction permission from VMC and the same was granted.
However, in June this year, VMC issued an order under provisions of the Gujarat Provincial Municipal Corporation (GPMC) Act directing a stay on further construction. The stay was not passed for any irregularity in construction but rather it was stated that “construction to be started after submitting the latest property card.”

According to the petitioners – Zeenat and Faisal Fazlani – while on one hand the city survey superintendent is not recording their names in the property card despite execution of registered sale deeds, on the other hand the VMC is staying construction for want of property card.

The court has directed the VMC to, on the next date, produce on record any order, if passed with respect to the application made by the petitioners on June 17, 2020, before the city survey superintendent seeking property card.

It is also the petitioners’ prayer that the court direct the city survey superintendent to immediately and forthwith decide on the Fazlanis’ application from June last year, regarding making necessary entries for the property card .

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