HAMID N.BHAISAHEB
ADVOCATE .
********90

TO,
THE MUNICIPAL OMMISSIONER,
VADODARA MAHANAGAR SEVA SADAN.

SUB: CULPABLE AND HIGHLY DEPLORABLE
NONACTION ON THE PART OF
DEPUTY TOWN PLANNING OFFICER
VADODARA MAHANAGAR SEVA SADAN
Apropos subject captioned above , we , the advocate , hereby serve you with present communication with request to look into the matter with due seriousness. The matter in reference has following factual matrix.

That a A PROHIBITORY ORDER(AS PER SECTION :267 ),BEARING JA-NO-6/13, AND DATED 25/04/2013 , ISSUED BY DEPUTY TOWN PLANNING OFFICER VADODARA MAHANAGAR SEVA SADAN, to the following persons regarding their unauthorized and illegitimate construction in and over the property particularized hereinafter. In spite of and subsequent to the said PROHIBITORY ORDER , the persons named below carried out more and more illegal and unauthorized construction. The names and details of those persons are as follows
1.IBRAHIMBHAI ABDULRAHMAN MACHHUWALAM
2.SALIM IBRAHIM MACHHUWALA
3.IRSHAAD IBRAHIM MACHHUWALA
4.ABDULRAHIM IBRAHIM MACHHUWALA
ALL ABOVE DEFENDANTS RESIDING AT, NAGARWADA,NEAR JUNI MEGISTRATE
OFFICE, NEAR HARPARE ‘S WADA NAGARWADA.VADODARA.
.

The prohibitory came to be issued to the said persons for the cause and reason of illegal, unauthorized construction the then being carried out by the said persons. The said illegal construction mentioned above, is not only illegal ,unauthorized but causing legal injury to the premises of their immediate neighbor, our client MR.IQBAL YAKUBMIAY SHAIKH. The disputed is property situated in the area , Raopura Vibhag,in Nagarwada Area, behind City Palace Hotel,on western side, abutting on eastern side, bearing TIKA NUMBER 9/3 AND SURVEY NO: 152 AND 4 PAIKI(AMONGST SURVEY NO 152 AND SURVEY NO 4)". Is subject matter of the present communication.

The DEPUTY TOWN PLANNING OFFICER VADODARA MAHANAGAR SEVA SADAN ought to have taken punitive, due and appropriate legal action as provided for in that regard in the BOMBAY PORVINCIAL CORPORATION ACT, which he is bound to do as his statutory duties , which is out and out aberration from his statutory duties, stipulated in the said act. The said inaction is not only serious lapses in statutory performance and functions but it continuously causing legal injury to our client in respect of our proprietary rights of our immovable property mentioned and particularized above .

The DEPUTY TOWN PLANNING OFFICER VADODARA MAHANAGAR SEVA SADAN is cast upon duty by the said act to frown upon any kind of construction done in violation or in contravention of the said act, and building by laws .But as mentioned above the DEPUTY TOWN PLANNING OFFICER VADODARA MAHANAGAR SEVA SADAN have been behaving like a mute spectator to the above mentioned illegal , unlawful and unauthorized construction made and done by the said law breaking persons which is injurious to the ripened and perfected easement rights of our client .

The above mentioned inaction to take legal action for illegal and unauthorized construction made ,done and completed , in defiance of the prohibitory order of the said persons , is not only bad in law ,serious aberration from the their duties, but in a way ,passively legalizing out an out illegal construction and for that arbitrary action of IINACTION the DEPUTY TOWN PLANNING OFFICER VADODARA MAHANAGAR SEVA SADAN .

The matter requires immediate probe in to and prompt action from your end.

We specifically mention that ,THERE IS NO PROHIBITORY OR STAY ORDER FROM ANY COURT OF LAW TO VADODARA MAHANAGAR SEVA SADAN OR DEPUTY TOWN PLANNING OFFICER , FROM TAKIMG ACTION IN RESPECT OF ILLEGAL CONSTRUCTION IN SPITE OF PROHIBITORY ORDER AS PER SECTIOIN 267 OF THE ACT.


AS PER INFORMATION FROM OUR CLIENT
IQBAL YAKUBMIYA SHAIKH.

Date: 16/10/2013 HAMID N.BHAISAHEB
(ADVOCATE)