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SCA/6874/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6874 of 2010
=========================================================
SHABBIRUL
MEHMUDKHAN HAJI HUSSENKHAN KANUNGA AND ANOTHER
Versus
COLLECTOR
AND OTHERS
=========================================================
Appearance
:
MR
PREMAL S RACHH for
Petitioner(s) : 1 - 2.
MR PRANAV DAVE, ASSTT GOVERNMENT PLEADER
for Respondent(s) : 1 - 2.
NOTICE SERVED for Respondent(s) :
1,
NOTICE SERVED BY DS for Respondent(s) : 1 - 2.
MR SUDHANSHU
S PATEL for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 20/12/2010
ORAL
ORDER
1. The
petitioners are before this Court, praying that:-
“19(A)
YOUR LORDSHIPS be pleased to issue appropriate writ, order or
direction, quashing the impugned notice dtd. 01.06.2010 issued by
respondent no.2 and action of carrying out the further procedure for
eviction of the petitioners from the land bearing survey no.3153-A
situated at Surat as being illegal, arbitrary, unreasonable, in
breach of principles of natural justice and violative of Art.14 of
the Constitution of India, in the interest of justice and equity.”
2. Learned
advocate Mr. Sudhanshu Patel appearing for newly added respondent
puts up a rival claim saying that property of respondent No.3 is
adjacent to this land and if this land is granted to respondent No.3,
he will be able to enjoy his property better. The learned advocate
submitted that grant of this land in favour of the petitioners will
seriously prejudice the enjoyment of his property as the light and
air may get affected if the petitioners put this land to use in such
manner.
3. Collector,
Surat is directed to consider the question of grant of land in light
of the relevant factors like widening of road etc. In case it can be
granted then whether it be granted to the petitioners or to the
respondent, by setting out the reasons for same.
3.1. Report
shall be placed before this Court latest by 19th January
2011.
3.2. S.O.
to 19th January 2011. In the meantime, ad-interim relief
granted earlier to continue.
(RAVI
R.TRIPATHI, J.)
omkar
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