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CA/11855/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR ORDERS No. 11855 of 2008
=========================================================
MAGANBHAI
LALJIBHAI PATEL - Petitioner(s)
Versus
AHMEDABAD
URBAN DEVELOPMENT AUTHORITY - Respondent(s)
=========================================================
Appearance
:
MR
SATYAM Y CHHAYA for
Petitioner(s) : 1,
MR ADIL R MIRZA for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 08/10/2008
ORAL
ORDER
The
present application is preferred by the original petitioner to
protect the remaining construction, which is not a part of the
proposed service road.
Heard
Mr.Mehta, learned Counsel for the applicant original petitioner,
Mr.Marshall, learned Counsel for AUDA as well as Ms.Jani, learned
Counsel for the applicant of Civil Application No.11933 of 2008, who
has been permitted to be impleaded as party in the main petition as
per the order passed by this Court today.
Considering
the facts and circumstances and subject to the further order, which
may be passed by this Court in the main Special Civil Application,
if the applicant is desirous to protect the remaining portion of the
property in question by temporary structure, no prejudice would be
caused and the property would remain safe. Further, in any case,
however ultimately this Court finds in the main petition that the
applicant has no right or that the temporary structure or the
remaining construction is to be removed, the matter can be
considered in the main petition.
Hence,
the applicant may protect the remaining construction or the
temporary structure without creating any right over the property and
subject to further orders which may be passed by this Court in the
main petition.
Application
is disposed of accordingly. D.S.
8.10.2008. (Jayant
Patel, J.)
vinod
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