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LPA/313/2006 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 313 of 2006
=====================================================
GANPATBHAI
MAHIJIBHAI SOLANKI - Appellant(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
=====================================================
Appearance :
M/S
THAKKAR ASSOC. for Appellant(s) : 1,
GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) : 2 - 5, 5.2.1, 5.2.2,
5.2.3, 5.2.4, 5.2.5,5.2.6
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.S.SHAH
and
HONOURABLE
MR.JUSTICE SHARAD D.DAVE
Date
: 01/03/2006
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE M.S.SHAH)
The
grievance of Mr Pahwa for the appellant is that the averments made in
the affidavit-in-reply to Civil Application No.9103 of 2005 in Misc.
Civil Application No.2222 of 2005 have not been taken into
consideration by the learned Single Judge by treating them as
contentions on merits of the case. It is submitted that the said
affidavit was filed to oppose the civil application for condonation
of delay filed by the State Government and it was the case of the
appellant that during the intervening period of six years, the
appellant had sold away the lands to other parties by registered sale
deeds and those parties had also in turn sold the lands to other
parties and that residential units were also constructed on the lands
in question. It is submitted that all those facts in paragraph 10 to
17 have not been considered by the learned Single Judge. It is
submitted that the averments made in the aforesaid paragraphs of the
affidavit-in-reply were sufficient to contend that in view of the
rights and equities of third party having been created during the
period of six years, such gross delay did not deserve to be
condoned.
2. In
view of the above submissions, notice returnable on 28th
March 2006.
Till
the returnable date, all the parties shall maintain status-quo as on
today regarding the lands in question.
In
the meantime, respondent Nos.1 and 2 shall submit a report pointing
out the situation at the site of all the lands in question being
lands in Survey Nos.345, 347/1 and 267 with their corresponding final
plot numbers, if any. The report shall also specifically indicate the
plots which are allotted by the authority under Section 23 of the
Urban Land (Ceiling & Regulation) Act, 1976 and the other lands.
The particulars about the owner and occupants of the lands in
question shall also be submitted with relationship, if any, of those
occupants with the present appellant.
Direct
service is permitted.
A
copy of this order shall be made available to Mr Dave, learned AGP
for timely compliance.
(M.S.
SHAH, J.)
(SHARAD
D DAVE, J.)
zgs/-
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