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SCA/1214020/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12140 of 2008
==========================================
BHAVNAGAR
MUNICIPAL CORPORATION - Petitioner(s)
Versus
KHARLAND
DEVELOPMENT CORPORATION & 9 - Respondent(s)
==========================================
Appearance
:
MR RM
CHHAYA for Petitioner(s) : 1,
None for
Respondent(s) : 1 - 10.
==========================================
CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 30/09/2008
ORAL
ORDER
1. Heard
Mr. R.M. Chhaya, learned advocate for the petitioner.
2. It
is submitted that despite the fact that the petitioner
Corporation was a party before the Gujarat Revenue Tribunal, the
impugned order dated 08th August, 2008 has been passed
without affording proper opportunity of hearing to the petitioner.
It is further submitted that despite the fact that ample record has
been placed before the Tribunal as regards the Corporation’s
ownership of the lands in dispute, the same has been ignored while
passing the impugned order. As regards the Corporation’s locus to
challenge the order, it is submitted that the Tribunal has not
dismissed the appeal only on the ground that the respondent no.1
could not be said to be an aggrieved party but has decided the matter
on merits. It is submitted that in the circumstances, when the
rights of the Corporation have been decided by the impugned order, it
was incumbent upon the Tribunal to consider the documents submitted
by the Corporation.
3. Having
regard to the aforesaid, issue notice returnable on 13th
October, 2008. Mr. Saurin Mehta, learned advocate waives service of
notice on behalf of respondent no.1 M/s. Kharland Development
Corporation. Direct Service is permitted qua the other respondents.
(
Harsha Devani, J. )
hki
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