IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL FROM ORDER No 516 of 1992
For Approval and Signature:
Hon'ble MR.JUSTICE S.D.DAVE
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1. Whether Reporters of Local Papers may be allowed
to see the judgements?
2. To be referred to the Reporter or not?
3. Whether Their Lordships wish to see the fair copy
of the judgement?
4. Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India, 1950 of any Order made thereunder?
5. Whether it is to be circulated to the Civil Judge?
(No. 1 to 5 NO)
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SURAT MUNICIPAL CORPORATION
Versus
PARASRAM RATILAL BHANDARI
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Appearance:
MR PRASHANT G DESAI for Petitioner
MS V.P.Shah Ld. Counsel for KJ BRAHMBHATT for
Respondent No. 1, 2, 3, 4, 5, 6
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CORAM : MR.JUSTICE S.D.DAVE
Date of decision: 05/05/97
ORAL JUDGEMENT
While allowing the Application at Exhibit-5 the
Court below, that is Ld. 4th Jt. Civil Judge (S.D.)
Surat, has passed the following orders on 19th June 1992.
” Application Ex. 5 is hereby allowed.
The defendant Corporation is hereby directed to
initiate the proceedings for taking action in
accordance with the provisions of Town Planning
Act and B.P.M.C. Act to hand over the actual
physical possession of final plot No. 103, 133
and 91 to the plaintffs within Four (4) months
from the date of this order. ”
The above said orders are in challenge in the
present Appeal From Order before me.
Upon hearing learned counsel Mr. Prashant Desai
for the Appellant- Ori. defendant Surat Municipal
Corporation and learned counsel Ms. V.P. Shah for the
Respondents, and regard being had to the Supreme Court
pronouncement in The Municipal Corporation for Greater
Bombay and another, Appellants v. The Advance Builders
(India) Pvt.Ltd. and others, Respondents, A.I.R. 1972,
S.C. 793 and also to the provisions contained under
section 68 of the Gujarat Town Planning And Urban
Development Act, 1973; the said orders require to be
modified as indicated hereinafter.
In modification of the above said orders I would
say that, the Appellant-Ori.defendant Municipal
Corporation shall initiate the necessary procedings for
summary eviction under section 68 of the Gujarat Twon
Planning & Urban Development Act, 1976, within a period
of four weeks from the date of receipt of the writ of the
present orders, and shall complete the same according to
law within a reasonable period. The rest of the
directions in the orders under appeal shall stand
deleted. The present Appeal succeeds to the above said
extent and the same is hereby partly allowed. Appeal
From Order stands disposed of with the above said orders.
No cost. D.S. permitted.
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/venu