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SCA/5457/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5457 of 2008
=========================================================
IQBALBHAI
LATIFBHAI KHANDHA & 6 - Petitioner(s)
Versus
JUNAGADH
MUNICIPAL CORPORATION & 1 - Respondent(s)
=========================================================
Appearance
:
MR
DEVANG NANAVATI for
Petitioner(s) : 1 - 7.
NOTICE SERVED BY DS for Respondent(s) : 1 -
2.
MR ASHISH M DAGLI for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 10/07/2008
ORAL
ORDER
The
petitioners had earlier approached this Court apprehending removal
of certain construction put up by them by filing Special Civil
Application No.2479/1999. This petition came to be disposed of on
6.12.2007 requiring the Municipal Corporation to verify the nature
of construction and to take appropriate consequential steps. This
was to be done preferably within three months from the date of
receipt of order.
The
present petition is filed mainly contending that though after order
dated 6.12.2007 passed by this Court Corporation has not passed any
order, the petitioners apprehend demolition.
In
response to the notice issued by this Court, learned advocate Shri
Ashish Dagli appeared for Corporation and assured the Court that
without taking final decision as required by the Court in order
dated 6.12.2007, the Corporation shall not take any coercive steps
against the petitioners. He further submitted that the Competent
Authority has already completed the hearing of the proceedings and
final order would be passed shortly. He assured the Court that in
case the same is against the petitioner, it will not be implemented
for a period of one week from the date of its communication to the
petitioners.
In
view of the above arrangement, the grievance of the petitioners
would not survive. The petition is disposed of accordingly. Notice
is discharged. Interim relief, if any, stands vacated.
(Akil
Kureshi,J.)
(raghu)
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