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SCA/5896/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5896 of 2010
=========================================================
NAVJIVAN
SAMUH KHETI SAHAKARI MANDALI LIMITED - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance :
MR
AMAR D MITHANI for
Petitioner(s) : 1,
MR RAJESH RINDANI ASST GOVERNMENT PLEADER for
Respondent(s) : 1 - 4.
NOTICE SERVED for Respondent(s) : 1 - 2,
4,
NOTICE SERVED BY DS for Respondent(s) : 1 -
4.
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 24/09/2010
ORAL
ORDER
Rule.
Expedited.
The
orders passed by both the authorities below are stayed on the
following conditions.
The
petitioner – society will approach the Collector, Junagadh by
making an application that the petitioner-society is ready to make
payment of 6 % interest per annum on the market value that may be
decided by the Collector, Junagadh.
Upon
such application being received by the Collector, Junagadh the
Collector will determine the market value of the land and will
inform the petitioner accordingly. The petitioner will make the
payment of 0.5 % of the market value determined by the Collector on
or before 10th of every month by way of mesne profit and
in default of making payment, it will be open for the respondents to
implement the orders passed by the authorities below.
After
informing the members of the society, the office bearer of the
petitioner – society will pass a resolution as aforesaid and
will file an undertaking before this Court that petitioner – society
will abide by the aforesaid order and in case of default, the order
passed by the authorities below may be implemented.
It
is clarified that if the possession is already taken over, it will
be restored to the petitioner-society upon petitioner –
society filing an undertaking before this Court to the above effect.
(K
S JHAVERI, J.)
sompura
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