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High Court quashes DCP’s decision to deny NOC to building

The Gujarat High Court,on Monday,quashed the decision of the Deputy Commissioner of Police,Zone II,of denying to give a no-objection certificate to a resident of Mirzapur to construct a multi-storey building.

Written by Express News Service | Ahmedabad | Published: January 13, 2009 2:24:12 am

The Gujarat High Court,on Monday,quashed the decision of the Deputy Commissioner of Police (DCP),Zone II,of denying to give a no-objection certificate (NOC) to a resident of Mirzapur to construct a multi-storey building.

The DCP had reportedly denied the NOC to the petitioner as he had not specified the financial sources for the construction of the building and the remedy for any possible civil suit related to the proposed building.

According to case details,petitioner Javed Ahmed Abdul Sattar is constructing a building in Mirzapur which is planned to have more than four storeys.

“According to the norms of the Ahmedabad Municipal Corporation (AMC),a no-objection certificate is required to be taken from the concerned Deputy Commissioner of Police to construct a building having more than four storeys,” said advocate M M Shaikh who appeared on behalf of the petitioner before the court. And so,the petitioner had applied for the NOC,said Shaikh.

Advocate Ratna Vora who also appeared on behalf of the petitioner,said: “However,the DCP refused to give the NOC stating that the petitioner did not specify the financial sources to construct the building and a remedy in case there was a civil suit against the property.”

He said the DCP’s reason for rejection of the NOC was weird.

The DCP’s decision was challenged in the High Court and Justice A S Dave quashed the same on Monday. The petitioner now will apply afresh to get the NOC from the DCP.

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