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SCA/9337/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9337 of 2008
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DR
GOPALBHAI MEGHJIBHAI PATEL & 1 - Petitioner(s)
Versus
PATEL
NARSIBHAI RUDABHAI DECEASED THRO PUBLIC TRUST & 1 - Respondent(s)
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Appearance :
MR
DC SEJPAL for Petitioner(s) : 1 - 2.
MR PJ
KANABAR for Respondent(s) : 1,
NOTICE SERVED BY DS for
Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 23/10/2008
ORAL
ORDER
1. By
way of this petition under Article 227 of the Constitution of India,
the petitioners ? original appellants have prayed for an
appropriate order quashing and setting aside the order passed by the
learned Principal District Judge, Amerli dated 17.01.2008 passed
below Exh.24 and Exh.25 in Regular Civil Appeal No.22 of 2006 by
which the learned Appellate Court has dismissed the applications
submitted by the petitioners ? original appellants restraining the
respondents and their servants from putting up any construction on
the disputed land.
2. Mr.P.J.Kanabar,
learned Advocate appearing on behalf of respondent No.1 who is main
contesting party has submitted that even application Exh.24 and
Exh.25 are pre-mature in as much as respondent No.1 is not in a
position to put up any construction on the disputed land unless and
until the land is converted into non-agricultural land and the
respondent ? Trust has applied for NA permission. It is submitted
that even after obtaining NA permission, even plans would be
submitted before the competent authority and only thereafter, the
Trust would be in a position to put up construction. It is submitted
that at present as the respondent-Trust has applied for NA permission
and thereafter, the plans would be submitted before the competent
authority, there is no question of putting up any construction at
this stage. Respondent No.1 and Trust shall not put up any
construction unless the land is converted into non-agricultural land
and necessary plans are sanctioned by the competent authority. Under
the circumstances and in view of above statement of Mr.Kanabar,
learned Advocate for respondent No.1 stated herein above and even
considering affidavit? in-reply filed by respondent No.2 dated
25.09.2008 more particularly, para ? 5 of the said
affidavit-in-reply, no further order is required to be passed at this
stage in the present Special Civil Application. It is further
directed that as and when NA permission is granted in favour of
respondent No.1 and Trust and necessary plans are sanctioned by the
competent authority, respondent No.1 shall intimate the same to the
appellants and at that stage, it will be open for the appellants to
submit appropriate application for interim injunction and as and when
such application is made, same be considered by the learned Appellate
Court in accordance with law and on merits without in any way being
influenced by the order passed below Exh.24 and Exh.25.
3. For
the reasons stated above, present Special Civil Application is
disposed of with above direction to the effect that as and when
necessary NA permission is granted in favour of respondent No.1 and
plans are sanctioned by the competent authority in favour of
respondent No.1 and when respondent No.1 proposes to put up any
construction he / it shall inform / intimate the same to petitioner
No.1. At that stage it will be open for the petitioners to submit
appropriate application for injunction before the learned Appellate
Court and as and when such an application is made, same shall be
considered in accordance with law and on merits without in any way
being influenced by the order passed below Exh.24 and Exh.25. In the
facts and circumstances and as agreed by the learned Advocates
appearing on behalf of the respective parties, learned Principal
District Judge, Amerli is requested to see that the appeal is decided
and disposed of at the earliest.
[M.R.Shah,J.]
satish
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