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SCA/12482/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12482 of 2008
=========================================================
KIRITBHAI
SHAMJIBHAI PATEL & 3 - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
AMIT V THAKKAR for
Petitioner(s) : 1 - 4.
Mr. Vipul Mistry,GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) : 2 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 14/10/2008
ORAL
ORDER
Heard
learned Advocate appearing for the petitioners. Having argued the
matter for some time, learned Advocate appearing for the petitioner
placed reliance on the decision of Bhikhubhai Vitthal Patel V/s.
State of Gujarat and another, reported in 2008(4) SCALE 278
and submitted that an owner of a property subject to reasonable
restrictions which may be imposed by the legislature, is entitled to
enjoy the property in accordance with law and the right to use a
property in a particular manner subject to reasonable restrictions
imposed on the user thereof
is a valuable legal right and the petitioners have complied with all
requirements for developing the property and submitted an application
with relevant documentary evidence. Lastly, even reminders were sent
to the Competent Authority, but no decision is taken.
In
view of the above, considering the facts and circumstances of the
case, respondent no. 2 namely Competent Authority of the Surat
Municipal Corporation is directed to take decision in accordance with
law on the application, preferred by the petitioners for development
of the subject land within Four weeks from today.
Subject
to the aforesaid, petition is disposed of at this stage.
Direct
service is permitted.
Sd/-
(ANANT S. DAVE, J.)
JYOTI
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