Gujarat High Court Case Information System
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C/SCA/6700/2011
ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No 6700 of 2011
With
SPECIAL
CIVIL APPLICATION No 6702 of 2011
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RATNADIP
GHODASAR ASSOCIATION....Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 1....Respondent(s)
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Appearance:
MR
MRUGEN K PUROHIT as ADVOCATE for the Petitioner(s) No. 1
Ms.Monali
Bhatt, learned ASST.GOVERNMENT PLEADER for the RESPONDENT(s) No. 1
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CORAM:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 30/05/2011
COMMON
ORAL ORDER
The
grievance raised in both these petitions is to the effect that
without handing over the possession of the Final Plot, which is
already allotted in favour of the Society, Corporation has started
construction of a compound wall in the property in question. It
appears that way back in the year 2002 this Court while disposing of
Special Civil Application No.10778 of 2001 and Special Civil
Application No.10776 of 2001 had directed the Ahmedabad Municipal
Corporation to take concrete action for implementing the Scheme as
the Corporation owes a statutory duty to implement the Scheme. The
Corporation was also directed to expedite the procedure and implement
the Scheme by handing over the area of Final Plot at least by 31st
March, 2003. Court was also assured by learned counsel appearing for
the Corporation that Corporation would take prompt and appropriate
action in this behalf. It also deserves to be stated that the Society
had already handed over the possession of some open area which is the
part and parcel of the TP Road. Prima facie it appears that there is
complete inaction on the part of the Corporation to implement the
Scheme and hand over the possession of the Final Plot allotted in
favour of the Society. Almost nine years have elapsed but no steps
have been taken in this regard and now abruptly Corporation has
started putting up construction of a compound wall.
In
this view of the matter, let Notice be issued to the respondents in
both the matters, making it returnable on 14-06-2011. Learned
Assistant Government Pleader Ms.Monali Bhatt waives service of Notice
on behalf of respondent No.1. Direct service today, is permitted for
respondent No.2.
Till
the next returnable date, the Ahmedabad Municipal Corporation is
directed to maintain status-quo, as on today.
(J.
B. PARDIWALA, J.)
arg
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