SA/64/2008 1/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SECOND APPEAL No. 64 of 2008 ========================================================= KALYAN HOTEL & RESTAURANT - Appellant(s) Versus VADODARA MUNICIPAL CORPORATION & 1 - Defendant(s) ========================================================= Appearance : MR AR MAJMUDAR for Appellant(s) : 1, None for Defendant(s) : 1 - 2. ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 09/07/2008 ORAL ORDER
Admit.
The following
substantial questions of law arise in the appeal for consideration:
[1] Whether
the lower court has failed to appreciate whether as per the
provisions as prevalent in the year 1967-68 the appellant was
required to obtain any permission, especially when the land in
question in Gamthal area?
[2] Whether
the first appellate court has failed to appreciate that as per the
evidence the construction made by the appellant is absolutely in
accordance with the byelaws prevalent at that time and there was no
irregularity whatsoever?
[K.S.
JHAVERI]
CIVIL
APPLICATION NO.2913 OF 2008
Since
the Impact Fee has been paid by the applicant, rule returnable on 6th
August 2008. In the meantime ad interim relief in terms of para
6(B).
[K.S.
JHAVERI, J.]
ar