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SCA/6845/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6845 of
2008
=========================================
MANJUDEVI
GOPINATH REHI - Petitioner(s)
Versus
THE
MUNICIPAL CORPORATION OF THE CITY OF AHMEDABAD - Respondent(s)
=========================================
Appearance
:
MR.J S.SADHWANI
for Petitioner(s) : 1,
NOTICE SERVED BY DS for
Respondent(s) : 1,
MR DHAVAL G NANAVATI for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.S.SHAH
and
HONOURABLE
MR.JUSTICE D.H.WAGHELA
Date
: 17/06/2008
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE M.S.SHAH)
Mr Dhaval Nanavati
for the Ahmedabad Municipal Corporation states that the amount of
compensation for the land required for widening the road is already
deposited with the Registry of this Court.
2. In view of the
above statement and the order dated 15.05.2008, the Court directs the
petitioner to hand over the possession of the land for the purpose of
widening the road as indicated in the impugned notice dated
08.04.2008 at Annexure-D to the petition. The Corporation shall take
over the possession of the portion as earmarked in the impugned
notice as early as possible.
3. After the learned
advocate for the Corporation files a note with the Registry of this
Court about getting possession of the land in question, the Registry
shall permit the petitioner to withdraw the amount of compensation
deposited by the Corporation.
4. Mr Sadhwani for the
petitioner states that the petitioner has a claim for higher
compensation and that the petitioner reserves her right to institute
proceedings before an appropriate forum for enhancement of
compensation.
5. While clarifying
that the petitioner will be at liberty to make any such claim for
higher compensation before the appropriate forum, the handing over
possession of the land in question to the Corporation and the
Corporation taking over the possession of the land shall not be
delayed on the ground of any such claim for higher compensation.
6. It is also
clarified that there is no dispute about the ownership of the land in
question and therefore, entitlement of the petitioner to withdraw the
amount of compensation deposited with the Registry of this Court
cannot be questioned.
7. The petition is
accordingly disposed of in terms of the above directions and
clarifications. Subject to the above directions, notice is
discharged. Ad-interim relief granted earlier shall stand vacated.
[M.S. SHAH, J.]
[D.H.WAGHELA, J.]
mrpandya*
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