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CA/2870/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR ORDERS No. 2870 of 2008
In
SPECIAL
CIVIL APPLICATION No. 2952 of 2006
=========================================================
KANTILAL
BALMUKUNDBHAI PATEL THR'POWER OF ATTORNEY HOLDER - Petitioner(s)
Versus
STATE
OF GUJARAT THR' COLLECTOR & 3 - Respondent(s)
=========================================================
Appearance
:
MR
DHAVAL D VYAS for
Petitioner(s) : 1,
MR HUKUM SINGH ASST GOVERNMENT PLEADER for
Respondent(s) : 1,
NOTICE SERVED for Respondent(s) : 1 - 4.
NOTICE
SERVED BY DS for Respondent(s) : 1 - 4.
MR PRASHANT G DESAI for
Respondent(s) : 2 - 3.
MR HS MUNSHAW for Respondent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 04/08/2008
ORAL
ORDER
Heard
learned advocates appearing for the parties.
While
admitting the petition, learned Single Judge of this Court on
05.09.2006 had recorded the statement made on behalf of the
petitioner that till the dispute is resolved, no construction
whatsoever shall be made by the petitioner over the land in question
and the status quo shall be maintained.
Learned
advocate Mr.D.D.Vyas for the applicant submitted that in the main
petition, the prayer of the petitioner is for granting permitting to
construct without insisting for N.A.Permission being obtained from
the Collector. He submitted that without, at this stage, going into
the issues raised in the petition, the petitioner is desirous of
commencing the construction after obtaining necessary permission from
the Collector. He, therefore, submitted that the statement made on
behalf of the petitioner as recorded in th order dated 05.09.2006 be
suitably modified.
Learned
Sr.Advocate Mr.P.G.Desai appearing for Surat Municipal Corporation
stated that this was the main objection against the petitioner for
commencing construction.
Under
the circumstances, in continuation of the order dated 05.09.2006, it
provided that it would be open for the petitioner to commence
construction after obtaining permission from the Collector under
Section 65 of the Bombay Land Revenue Code and on fulfilling the
other requirements of the impugned circular dated 16.02.2004 and
after producing the same before the Corporation if and when the same
is obtained.
With
the above clarifications, Civil Application is disposed of.
Direct
Service is permitted.
(
Akil Kureshi, J. )
kailash
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