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SCA/989/2003 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 989 of 2003
=========================================================
RAMESHKUMAR
SHAKARAJI THAKORE & 2 - Petitioner(s)
Versus
STATE
OF GUJARAT & 18 - Respondent(s)
=========================================================
Appearance
:
MR
AJ PATEL for
Petitioner(s) : 1,1.2.1 - 3.
GOVERNMENT PLEADER for Respondent(s)
: 1,
RULE SERVED for Respondent(s) : 2 - 3,3.2.2 - 4,10 - 18.
MR
MG NAGARKAR for Respondent(s) : 2,
MR SATYAM Y CHHAYA for
Respondent(s) : 2,
None for Respondent(s) : 3,
RULE UNSERVED
for Respondent(s) : 5 - 6.
DELETED for Respondent(s) : 7, 19,
MR
HARIN P RAVAL for Respondent(s) : 8,
UNSERVED-EXPIRED (R) for
Respondent(s) :
9,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 21/04/2011
ORAL
ORDER
By
way of this petition under Article 226 of the Constitution of India,
the petitioners have prayed for the following main relief in terms
of para 27(A) :-
“27(A).
This Honourable Court may be pleased to issue a writ of mandamus or
any other appropriate writ, order or direction directing the
respondent Corporation to specify the area of the land allotted to
the petitioners under T.P. Scheme No. 23 of Sabarmati, out of Final
Plot Nos.56 and 57, in lieu of the lands of the petitioners bearing
Survey Nos.150 and 161/3 of Village Acher, Taluka City, District :
Ahmedabad and permit the petitioners to develop the said area in
accordance with the provisions of the Act and the Building
Regulations of the respondent Corporation, within a period as may be
specified by the Honourable Court.”
After
making some submissions, Mr.A.J. Patel, learned advocate does not
press the present petition for the realief sought in para 27(A) by
submitting that the petitioners propose to initiate independent
proceedings for appropriate relief directing the appropriate
authority and the Corporation to acquire the land in question for
Bus Depot for Ahmedabad Municipal Transport Services (AMTS).
Under
the circumstances, present petition is dismissed as withdrawn so
far as prayer in terms of para 27(A) with above liberty. As and
when independent proceedings are initiated, the same shall be
considered in accordance with law and on merits, for which this
Court has not expressed any opinion on merits. Rule is discharge.
Interim relief granted earlier, if any, stands vacated forthwith. No
costs.
[M.R.
SHAH, J.]
rafik
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