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CA/8152/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR ORDERS No. 8152 of 2008
In
LETTERS
PATENT APPEAL No. 1787 of 2005
In
SPECIAL CIVIL APPLICATION No. 16188 of 2005
=========================================
GUJARAT
PIPAVAV PORT LTD - Petitioner(s)
Versus
STATE
OF GUJARAT & 15 - Respondent(s)
=========================================
Appearance :
MR.
K.S. NANAVATI, SR. COUNSEL for NANAVATI
ASSOCIATES for Petitioner(s) : 1,
MR
DIPEN DESAI, ASSTT. GOVERNMENT PLEADER for
Respondent(s) : 1,
None
for Respondent(s) : 2, 4,8 - 9,11 - 12,
14,
MR PR
NANAVATI for Respondent(s) : 3,
MR
MB PARIKH for Respondent(s) : 5,
MS
ROOPAL R PATEL for Respondent(s) : 6,
MR
BS PATEL,MR PANKAJ CHAMPANERI and MS RANJAN B
PATEL for the rest of the
Respondent(s).
=========================================
CORAM
:
HONOURABLE
THE ACTING CHIEF JUSTICE MR. M.S.SHAH
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 01/08/2008
ORAL
ORDER
(Per
: HONOURABLE THE ACTING CHIEF JUSTICE MR. M.S.SHAH)
Mr.
K.S. Nanavati, learned Senior Counsel appearing for the applicant ?
appellant invites our attention to the orders dated 27.2.2006 and
27.2.2008 of this Court, as well as the recent order dated 2.7.2008
of the Collector, Amreli, allotting 30 acres of land in survey No.109
part, to the applicant, and submits that in view of the recent order
of the Collector, Amreli, the ad-interim stay against construction on
the said land be vacated. Mr. Nanavaty submits that at present
there is an urgent need to complete the construction of the road, and
that road of the length of only around 500 meters remains to be
constructed, but on account of the injunction, the appellant is not
in a position to complete the construction of the road.
2. Having
heard the learned counsel for the appellant as well as the learned
counsel appearing for the respondents, we modify the order dated
27.2.2008 to the extent that it will be open to the appellant ?
Gujarat Pipavav Port Limited to construct the road on the land in
question, namely survey No. 109 part. This order is passed without
prejudice to the rights and contentions of the parties.
3. The
application stands disposed of accordingly.
(M.S. Shah,
Actg. C.J.)
(J.C. Upadhyaya,
J.)
*/Mohandas
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