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MCA/1494/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 1494 of 2010
In
SPECIAL
CIVIL APPLICATION No. 4444 of 2009
With
MISC.CIVIL
APPLICATION No. 1852 of 2010
In
SPECIAL
CIVIL APPLICATION No. 4444 of 2009
=========================================================
SOMNATH
MAHADEV MANDIR TRUST - Applicant(s)
Versus
SURAT
MUNICIPAL CORPORATION & 2 - Opponent(s)
=========================================================
Appearance :
MR
DHAVAL D VYAS for
Applicant(s) : 1,
MR MRUGEN K PUROHIT for Opponent(s) : 1,
None
for Opponent(s) : 2,
GOVERNMENT PLEADER for Opponent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 16/07/2010
COMMON
ORAL ORDER
1. Having
heard Shri Dhaval D. Vyas, learned advocate appearing on behalf of
the applicant original petitioner and Shri Prashant G. Desai,
learned senior advocate appearing on behalf of the respondent
Surat Municipal Corporation. It appears that the dispute was with
respect to the parcel of land on which there is a samadhi which is
forming part of the Final Plot allotted to the original petitioner.
2. Shri
Dhaval Vyas, learned advocate appearing on behalf of the applicant
original petitioner, under the instructions from one Shambhugiri
Ganpatgiri, Trustee and Administrator of the applicant original
petitioner Somnath Mahadev Mandir Trust, has stated at the bar that
the applicant original petitioner are waiving their right to
claim possession of that portion of the plot / Final Plot which is
alloted to the original petitioner on which there is existing
construction of samadhi and even four feet of land on three sides,
only with a view to see that the feelings of other persons may not
get hurt. However, he has submitted that the entry to the said
samadhi shall be from the main road.
3. Shri
Prashant G. Desai, learned senior advocate appearing on behalf of the
Corporation has submitted that as such the Corporation has already
handed over the possession of entire final plot alloted to the
petitioner inclusive of the area occupied by samadhi. However, he
has submitted that to avoid further complications in future and to
avoid any further confusion/dispute, Corporation is ready and willing
to segregate/separate that portion of the land occupied by samadhi
and four feet of land on three sides and construct the compound wall
so that the land occupied by samadhi is separated permanently and
there may not be any further dispute.
4. In
view of the above, both these applications are disposed of. Let the
Corporation put up a compound wall at their own cost on the land
occupied by samadhi and leaving four feet on three sides, which can
be used by those persons who are using samadhi and that their entry
shall be from the main road. On the aforesaid being done, as agreed
by the learned advocate appearing on behalf of the applicant herein
original petitioner, there shall not be any claim and/or right, title
or interest of the applicant original petitioner in that portion
of the land which has been occupied by samadhi and forfeit the land
on three sides.
5. With
this, present applications are disposed of.
(M.R.
Shah, J.)
*menon
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