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SCA/22512/2007 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 22512 of 2007
To
SPECIAL
CIVIL APPLICATION No. 22541 of 2007
=========================================================
ABDUL
KADAR MOHAMMED AMIN QURESHI & 29 – Petitioners
Versus
AHMEDABAD
MUNICIPAL CORP. THRO’ DY. ESTATE/ TOWN – Respondents
=========================================================
Appearance
:
MR
MALKAN for MR KI KAZI for
Petitioners: 1 – 30.
MR RM CHHAYA for Respondent :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HON’BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 21/08/2008
ORAL
COMMON ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
The
petitioners have approached this Court with this group of petitions
under Article 226 of the Constitution of India, apprehending
demolition of their shops situated in Pujarini Chawl, near Chartoda
Kabrasthan, Gomtipur, Ahmedabad.
2. We
have heard learned advocate Mr.Malkan for the petitioners, and
learned advocate Mr.R.M.Chhaya for the respondent-Corporation.
3. Petition
of similarly situated persons came to be disposed of by order dated
26th June, 2008 by a coordinate Bench of this Court while
disposing of Special Civil Application No.16148/2007. That order was
passed subsequent to dismissal of S.L.P. by the Apex Court by order
dated 15th April, 2008 passed in Special Leave to Appeal
(Civil) No.8631/2007 arising out of order passed in Special Civil
Application No. 6019/2007 by this Court.
4. After
considering the peculiar facts of the case and the existing monsoon
conditions, we are of the view that the interest of justice would be
served better if the petitions are disposed of with a direction that
the petitioners shall hand over the possession of their respective
shops/properties in question to the respondent-Corporation as early
as possible, but not later than 15th of September, 2008.
The Corporation shall pay compensation to the persons entitled to
receive the compensation for the land in question within one week
from the date of getting possession of the land in question. While
calculating the compensation, the Corporation shall take into account
the rates prescribed by the State Government in the recent Jantri
which has come into force on 1st April, 2008.
5. We
accordingly direct the petitioners to hand over possession of their
respective properties in question to the Corporation latest by 15th
September, 2008, and the Corporation to pay compensation to the
persons entitled to receive the compensation within a week from the
date of getting possession, keeping in mind the rates prescribed in
the recent Jantri which has come into force from 1st
April, 2008.
6.
We clarify that if the petitioners fail to hand over possession of
the land in question on or before 15th September, 2008, it
would be open to the respondent-Corporation to proceed with taking up
possession, in accordance with law. We also clarify that if the
petitioners have any grievance on the quantum of compensation that
may be determined by the Corporation, it will be open for the
petitioners to take appropriate steps in accordance with law before
the appropriate forum, but, that would not entitle them not to hand
over possession of the land in question.
The
petitions stand disposed of with the above directions and
clarification. No order as to costs.
[A.L.Dave,J.]
[Smt.Abhilasha
Kumari,J.]
(patel)
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