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SCA/7636/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION NO. 7636 OF 2008
======================================
KHODABHAI
RAIBHANBHAI RABARI & ORS. - Petitioner(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================Appearance
:
Mr. Tattvam K. Patel for
Petitioner(s) : 1 - 4.
Mr. Jashwant K. Shah, AGP for
Respondent(s).
======================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 22/07/2008
ORAL
ORDER
Heard
Mr. Tattvam K. Patel, learned Advocate for the petitioners, and Mr.
Jashwant Shah, learned Assistant Government Pleader for the State,
for final disposal of this petition.
2. The
grievance of the petitioner is that the Government alloted certain
land to the Gujarat Housing Board for construction of residential
units. Due to error, the land belonged to the petitioners was
utilised for the said purpose. The petitioners have been requesting
for being provided alternative land. Such request is, however, not
yet granted by the Government.
3. However,
it appears that the petitioners have been suggesting that in lieu of
the land that is lost in Vadodara City, some land may be allotted in
Ahmedabad. A tentative decision in this regard also appears to have
been taken by the Government. Be that as it may. So far, no final
decision has been taken and the grievances of the petitioners
continue.
4. Mr.
Shah, learned Assistant Government Pleader, on the basis of the
written communication, stated that the proposal of the petitioners is
pending at the Government level. He prayed for six months’ time to
finalise the decision. He submitted that ultimately, if the land is
allotted to the petitioners in Ahmedabad, they may have to pay the
difference in the price of the land. He pointed out that under
somewhat similar circumstances, the learned Single Judge of this
Court had passed an order on 15th May, 2008 in Special
Civil Application No.6638 of 2008.
5. Under
these circumstances, this petition is disposed of directing the
Government to take a final decision within six months from today with
respect to the request of the petitioners. The petitioners shall file
an undertaking before the authority within two weeks from today that
in case of ultimate allotment of land to them, if there is any
difference to be paid by them, they shall do so.
6. With
these directions, the petition is disposed of. Notice is discharged.
[Akil
Kureshi, J.]
kamlesh*
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