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SCA/1085520/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10855 of 2008
With
SPECIAL
CIVIL APPLICATION No. 10856 of 2008
=========================================================
GUJARAT
INDUSTRIAL DEVELOPMENT CORPORATION - Petitioner(s)
Versus
BHOGABHAI
PACHABHAI BARAIYA & 3 - Respondent(s)
=========================================================
Appearance :
MR
MB GANDHI for Petitioner(s) : 1,MR CHINMAY M
GANDHI for Petitioner(s) : 1,
DS AFF.NOT FILED (N) for
Respondent(s) : 1,
MR YN RAVANI for Respondent(s) : 1.2.1
NOTICE
SERVED BY DS for Respondent(s) : 2, 4,
MS NAYNABEN K GADHVI for
Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 19/09/2008
COMMON
ORAL ORDER
1. Issue
in these petitions are common. The petitioner? GIDC is common in
both the petitions. It challenges the orders passed by the lower
Appellate Court granting interim protection to the respondents ?
original plaintiffs against dispossession of certain lands.
2. Facts
may be noticed from Special Civil Application No. 10855 of 2008.
Respondents herein have filed Regular Civil Suit No. 660 of 2001
before the Court of learned Civil Judge (S.D.), Bhavnagar and prayed
for permanent injunction against dispossession of the plaintiffs from
the suit land. Along with the suit, they also preferred application
Exh.5 seeking interim injunction on similar lines. The Trial Court
by an order dated 14.03.2006 rejected application Exh.5. Upon which
the plaintiffs approached the District Court and the learned
Appellate Judge by the impugned order dated 02.01.2008 partly allowed
the appeal and directed both the sides to maintain status-quo.
3. In the
second matter also, the facts are somewhat similar.
4. Having
heard the learned advocates appearing for the parties, it appears
that the suit land was acquired by GIDC for public purpose many years
back. At the relevant time, the compensation has been granted on
acquisition of land to the land owners. For some reason or the
other, the plaintiffs were not evicted from the said land.
Apprehending eviction, they preferred the above-mentioned suit in the
year 2001. It is the case of the plaintiffs that the purpose for
which the acquisition was initiated having failed, the land should be
reverted back to the original land owners.
5. Learned
advocate Mr Ravani for the plaintiffs, however, submitted that GIDC
wanted to hand over the land to private temple trust which was also
objected to by the plaintiffs.
6. Learned
advocate Mr Gandhi for the GIDC submitted that the land is required
for industrial development and the same shall not be handed over to
any such trust as suggested.
7. Under
the circumstances, I do not find that the plaintiffs can continue to
enjoy possession of the suit land. The lower Appellate Court gravely
erred in granting status-quo in favour of the plaintiffs. Whatever
rights the plaintiffs had in the suit land were extinguished while
validly undertaken the land acquisition proceedings culminated in the
payment of compensation to the owners.
Learned
advocate Mr Ravani for the plaintiffs submitted that the plaintiffs
have their residential units on the land in question. They would,
therefore, have reasonable time to evict the land voluntarily.
8. The
petitions are disposed of by giving following directions:-
(i) The
impugned order dated 02.01.2008 passed by the Additional District
Judge and Presiding Officer, Fast Track Court No.2, Bhavnagar is
quashed and set aside.
(ii) The
present respondents would have time upto 31.12.2008 to vacate the
land. This extension would, however, be available upon their filing
an undertaking before the Trial Court that they shall voluntarily
hand over the possession within the time prescribed.
(iii) The
above observations are meant only for dealing with the interim stage
of the proceedings and will not prejudice the plaintiffs in pursuing
their pending suits.
9. With
these directions, the petitions are disposed of.
(Akil
Kureshi, J.)
mrpandya*
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