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SCA/1315/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1315 of 2010
=========================================================
ABDUL
VAHAB ABDUL GAFAR KAPADIYA - Petitioner
Versus
STATE
OF GUJARAT & 3 - Respondents
=========================================================
Appearance :
MR
RR MARSHALL WITH MR TULSHI R SAVANI
for Petitioner
MR PRANAV
TRIVEDI AGP for Respondent: 1,
NOTICE SERVED for Respondent: 1 -
4.
MR UDAY JOSHI FOR M/S TRIVEDI & GUPTA for Respondent:
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 16/11/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
Heard
Mr. Marshall with Mr. Savani, learned advocate for the petitioner
and Mr. Pranav Trivedi, learned AGP for respondent No.1 and Mr. Uday
Joshi, learned advocate for respondent No.4-GIDC.
It
prima-facie appears that in one of the daily news paper namely
‘Divya Bhaskar’ while publishing the Notification under Section 4,
the land of the petitioner bearing Survey No. 649 is not mentioned,
whereas, the contention of the respondent is that it was by way of
an omission. Whether it could be said as a mandatory requirement or
not, which can be concluded at the time of final hearing. Further
for maintaining the period of one year from the date of publication
of the Notification under Section 4, while publishing notification
under Section 6 of the Act, if the last date is considered, it can
be prima-facie said as beyond the period of one year, for which,
there is no answer submitted uptil now. Therefore, whether the same
also would be fetal to the acquisition proceedings or not, would
also be a question to be finalized.
Hence
Rule. Ad-interim relief granted earlier shall continue as
interim relief.
(JAYANT
PATEL, J.)
(S.R.BRAHMBHATT,
J)
pallav
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