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SCA/984720/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9847 of 2008
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BHUPENDRABHAI
AMTHABHAI PARMAR & 3 - Petitioner(s)
Versus
VADODARA
MUNICIPAL CORPORATION - Respondent(s)
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Appearance :
MR
DHAVAL D VYAS for Petitioner(s) : 1 - 4.
MR PRANAV G DESAI for
Respondent(s) : 1,
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CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 23/10/2008
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
Heard
learned advocate Mr.Dhaval D. Vyas for the petitioners and Mr.Pranav
G. Desai for the respondent-Corporation. Earlier, the petitioners
were before this Court by filing Special Civil Application No.5720 of
2008 which was decided by order dated 3rd September 2008.
The relevant part of which reads as under:
6. This Court is
not going into the merits of the case and directions only to a
limited extent are required to be issued, to the effect that the
respondent will consider the objections dated 7th August,
2007 filed by the petitioners. At this stage the learned counsel for
the petitioners, submits that the petitioners would like to file
another set of objections which may also be considered along with the
objections filed earlier.
7. Accordingly, it is
directed that the objections of the petitioners dated 7th
August, 2007 and any other objections that may be filed by the
petitioners within a week from the date of this order, may be taken
into consideration by the respondent before any action is taken in
the matter and if sought for, an opportunity of hearing may also be
given to the petitioners before appropriate orders, in accordance
with law, are passed.
2. Additional
objections were filed by letter dated 9th April 2008 and
taking into consideration the earlier objections and the objections
dated 9th April 2008 and after giving an opportunity of
hearing, the officer of the Corporation decided the same vide
communication dated 19th June 2008. It is against that
order that the petitioners are before this Court. It is the case of
the petitioners that the earlier objections dated 7th
August 2007 were not considered by the authorities. Mr.Desai,
learned advocate for the respondent-Corporation does not agree to the
same.
3. After
the matter is heard at length, it is agreed by the learned advocate
for the petitioners, on instructions from petitioner no.1, who is
personally present in the Court that the learned advocate for the
respondent-Corporation will personally communicate the name of a
responsible officer, who will personally look into the matter, and
who will give one more opportunity to the petitioners to convey to
him the objections in person and thereafter, will render his decision
on 5th November 2008, which will be communicated to
Mr.Desai, learned advocate for the respondent-Corporation; and also
to learned advocate Mr.Vyas for the petitioners. The petitioners
will then follow that decision, meaning thereby, if any portion (of
the compound wall) is required to be removed and if any portion of
the land is to be handed over to the respondent-Corporation, the same
will be done on or before 10th November 2008.
4. With
these directions/ observations the petition is disposed of. Notice
is discharged. Interim relief is vacated. No order as to cost.
Direct service is permitted.
(RAVI R. TRIPATHI, J.)
(RAJESH H. SHUKLA, J.)
karim
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