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MCA/2006/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR REVIEW No. 2006 of 2009
In
LETTERS
PATENT APPEAL No. 1562 of 2009
In
SPECIAL
CIVIL APPLICATION No. 2624 of 2009
=================================================
DIPENBHAI
RAMESHBHAI PATEL, PRESIDENT, NANA GUJARIYA GROUP - Applicant(s)
Versus
DISTRICT
COLLECTOR & 3 - Opponent(s)
=================================================
Appearance :
MR
MEHUL S SHAH for Applicant(s) : 1,
MR SURESH M
SHAH for Applicant(s) : 1,
MS KRINA P CALLA, AGP for Opponent(s) :
4,
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CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 27/09/2010
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
This
application has been preferred for review and recall of the order
dated 21.8.2009 passed in Letters Patent Appeal No. 1562 of 2009.
The
learned counsel for the petitioner, by referring to the proceedings
initiated under the Land Acquisition Act, submitted that the
notification under Section 10 was issued on 21.5.2000 and the
possession of the acquired land was taken on 18.12.2000. Even the
notification under Section 9 was issued on 24.12.2000. Once such
action having taken, the question of cancellation of the grant of
land after two years on 18.1.2002 was uncalled for; that was not
maintainable and hence, having acquired, the appellant was entitled
for compensation.
Ms
Krina P Calla, learned AGP appearing on behalf of the respondents
sought for and is allowed a week’s time to address the Court on
merit. If so required, the Court may recall the order and decide the
appeal on merit on the next date.
Post
the matter on 4th October, 2010 within five cases in the
first board.
[S.J.
MUKHOPADHAYA, CJ.]
[AKIL
KURESHI, J.]
sundar/-
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