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MCA/2138/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 2138 of 2010
In
SPECIAL
CIVIL APPLICATION No. 4354 of 2010
======================================
MALVIKABEN
R SHAH & 15 - Applicants
Versus
AHMEDABAD
MUNICIPAL CORPORATION THROUGH & 1 - Opponents
======================================
Appearance :
MR
YV VAGHELA for the Applicants.
MR DHAVAL G NANAVATI for
Opponent(s) : 1,
MR ADIL R MIRZA for Opponent(s) :
2,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 31/08/2010
ORAL
ORDER
1. The
present application has been preferred by the applicants original
petitioner Nos.7, 12 and 16 for an appropriate order and/or
direction, directing the opponents not to deviate and/or make any
changes contrary to order passed by this Court dated 14th
July,2010 in Special Civil Application No.4354 of 2010 and map
produced on record by Opponent No.2.
2. Mr.Vaghela,
learned advocate appearing on behalf of the applicants has submitted
that after demarcation was done by the concerned Officer and map
produced on record, they started putting up construction of new
compound wall and after construction was completed, they have now
made a new demarcation and the applicants are directed to have fresh
construction of compound wall as per new demarcation. It is submitted
that as per the order passed by this Court, demarcation was done and
the same is to be treated and considered as final.
3. Mr.Adil
Mirza, learned advocate appearing on behalf of Opponent No.2 –
Ahmedabad Urban Development Authority has stated that there is no new
demarcation at all. However, in place of old one, fresh demarcation
is made on very demarcation. When a pointed question was asked as to
what is distance between earlier demarcation and fresh demarcation,
he replied that the difference is hardly not more than 8 inches.
4. Considering
the aforesaid facts and circumstances of the case, whatever fresh
construction of compound wall is made, the same is to be treated to
have been done in compliance of the order passed by this Court
earlier. However, the same would be applicable only to those persons,
who have already constructed the new compound wall and not with
respect to those persons, who have yet not demolished their old
compound wall and who have not put up new compound wall.
With
this, the present petition is disposed of. No costs.
[M.R.SHAH,J]
*dipti
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