SC stays HC order against sealing drive

Sanjay Hedge,counsel for the petitioner,contended before the court that unauthorised constructions had a long history of violations and that the relief could not be granted on the ground that a law to regularise those constructions was in the offing and awaiting the state Governor’s assent.

Deputy municipal commissioner U C Padia said he was yet to see the apex court order,which was expected to reach him after some time.

On May 9,the Gujarat High Court had ordered the AMC to unseal the unauthorised constructions immediately subject to compliance of directions passed by the court. The main condition was that the property occupier/owner should submit an affidavit accompanied by a written undertaking that they will abide by the proposed law,Gujarat Regularisation of Unauthorised Constructions Act,2011,to civic authorities.

The High Court’s reprieve had come in anticipation that the

proposed Act would get the Governor’s assent by end of August 2011. The AMC was told to resume the sealing drive if the Act was not given assent by that time. But if the law came into being by August,then the shop owners were asked to complete the process of get building plans passed and unauthorised constructions regularised within six months of the Act coming in force.

If they failed to complete the regularisation process within six months,the AMC would again start sealing them after passage of three months,the High Court had ruled. The HC had also told AMC that FSI be fixed as per the area of the property and parking space be determined as per the area of the building and the nature of use.