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MCA/2079/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR EXTENTION OF TIME No. 2079 of 2011
In
SPECIAL
CIVIL APPLICATION No. 3646 of 2011
=========================================
KHEMAJI
PADMAJI PARADIA & 1 - Applicant(s)
Versus
KARJAN
MUNICIPALITY - THROUGH CHIEF OFFICER - Opponent(s)
=========================================
Appearance :
MR
ASHOK N PARMAR for
Applicant(s) : 1 - 2.
None for Opponent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 06/09/2011
ORAL
ORDER
1.0. Rule.
Shri Bundela learned advocate appearing for Shri Nikhil
Kerial waives service of notice Rule on behalf of respondent. In the
facts and circumstances of the case and with the consent of the
learned advocates for the respective parties, the application is
taken up for final hearing today.
2.0. Present
application has been preferred by the applicants herein-original
petitioners to extend the time to remove the construction in the
margin land, which petitioners were required to remove on or before
15th July 2011
pursuant to the order passed by this Court dated 6.4.2011 as well as
undertaking filed by the applicants.
3.0. Having
heard the learned advocates for the respective parties
and in the facts and circumstances of the case and considering the
averment in the application and subject to filing afresh undertaking
by the applicants that applicants shall remove the construction put
in the margin land of plot nos. 1 to 4 Final Plot No.162 of Town
Planning Scheme No.2 of Karjan on or before 6.10.201, time to remove
such construction is hereby extended upto 6.10.2011. NO further
extension shall be granted on any ground. Fresh undertaking by the
applicants shall be filed with the Registry of this Court with a cop
to respondent no.2 within a period of one week from today, failing
which it should be construed that there is no extension in favour of
the petitioners and the respondent shall be free to remove the
construction in question. Rule is made absolute to the aforesaid
extent.
(M.R.SHAH,J.)
kaushik
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