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SCA/4880/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4880 of 2011
======================================
GTL
INFRASTRUCTURE LTD THROUGH ATTORNEY VIJAYKUMAR SUSHILKUM - Petitioner
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 1 - Respondents
======================================
Appearance :
MR.D
K.PUJ for the Petitioner.
None for the
Respondents.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 21/04/2011
ORAL
ORDER
1. By
way of this petition under Article 226 of the Constitution
of India, the petitioner has prayed for an appropriate writ,
order and/or direction, quashing and setting aside the impugned
Notices dated 17.2.2011 and 22.2.2011 issued by respondent No.2 and
further prayed to direct respondent No.2 to issue No Objection
Certificate to the petitioner for installation of Mobile Tower at
Vrajdham Apartment, Dahod.
2. Mr.D.K.Puj,
learned advocate appearing on behalf of the petitioner does not press
the relief sought in the present petition, however, he has requested
to direct the respondent – Nagarpalika to issue requisite NOC,
which is sought vide applications dated 06-01-2011/04-02-2011 for
restoration of the mobile tower at Vrajdham Apartment, Dahod and if
the same is in order and there are no objections.
3. In
view of the above, the present petition is disposed of by directing
the respondent – Nagarpalika to consider the applications of
the petitioner dated 06-01-2011/04-02-2011 in accordance with law and
on merits within a period of four weeks from the date of receipt of
writ of this order and if the same is in order and there are no
objections, the same may be considered and final order may be passed
within stipulated time as stated hereinabove. If still there are any
queries and/or objections, the petitioner may be communicated
accordingly and on removal of such queries/ objections, appropriate
decision may be taken by the respondent – Nagarpalika in
accordance with law and on its own merits, after following due
procedure as required.
With
this, the present petition is disposed of. No costs.
[M.R.SHAH,J]
*dipti
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