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SCA/2941120/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 29411 of 2007
=========================================================
DHANUBEN
WD/O HIRABHAI DAYALBHAI & 4 - Petitioner(s)
Versus
THE
CHAIRMAN OF DISTRICT LEVELVALUATION COMMITTEE & 3 - Respondent(s)
=========================================================
Appearance
:
MR
KK TRIVEDI for
Petitioner(s) : 1 - 5.
NOTICE SERVED BY DS for Respondent(s) : 1 -
4.
MR SATYAM CHHAYA, AGP for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 21/07/2008
ORAL
ORDER
Issue
arising in this petition pertains to fixing premium to be paid by
the land-owner for conversion of the land from new tenure to old
tenure land and whether the Government should adopt the valuation
of the land as on the date of the application or when said decision
is taken. Though it is pointed out by the learned advocate for the
petitioner that the learned single Judge of this Court had already
opined that valuation should refer to the date of the application
made by the land owner, learned AGP Shri Chhaya for the State
submitted that the issue has been referred for consideration by the
Division Bench.
It
is also the case of the petitioner that despite specific order in
his own case, the Government has taken the valuation as on the date
of the decision.
Learned
advocate Shri Trivedi, however, submitted that the petitioner in the
facts of the case, may not pursue this petition but would apply to
the competent authority again for such permission. For this purpose,
he seeks permission to withdraw the petition.
Permission
as prayed for is granted. If such application is made to the
Competent Authority, the same may be decided expeditiously. Liberty
to apply in case of difficulty. The petition is disposed of
accordingly. Notice discharged.
Direct
service.
(Akil Kureshi, J.)
(vjn)
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