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SCA/6323/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6323 of 2008
======================================
PRABODH
NAVINCHANDRA MODI & others
Versus
AHMEDABAD
MUNICIPAL CORPORATION & others
======================================
Appearance :
Mr.
Parsi Kavina, Senior Advocate, with MR TEJAS M BAROT for
Petitioners
MR PRASHANT G DESAI, Senior Advocate, for Respondent
Nos. 1 to 3
MR RS SANJANWALA for Respondent
No.4
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 13/10/2008
ORAL
ORDER
1
In this petition under Article 226 of the Constitution of India, the
petitioners prayed for the following relief in paragraph 8:
?S[A]
Your Lordship may be pleased to issue a writ of mandamus or a writ in
the nature of mandamus or any other appropriate writ, order or
direction quashing the impugned order dated 18.8.2007 of suspension
of Rajachithhi [Annexure ?SA??] permitting the petitioners to
continue their construction in accordance with the Rajachithhi,
without any hindrance of any nature whatsoever from the
respondent-Corporation and its officers, servants and agents??
2
A consensus has been arrived at by the learned advocates appearing
for the parties that the order dated 18.8.2007 may be quashed and set
aside on the ground that it has been passed without following the
principles of audi-alterm-partem and in violation of
principles of natural justice.
3
In view of the consensus arrived at by the learned advocates
appearing for the parties, the following order is passed:
[i]
The order dated 18.8.2007 is quashed and set aside.
[ii]
The petitioners shall make a representation within one week from
today raising all contentions, inter alia, whether or not the road in
question has been validly narrowed down, before the Ahmedabad
Municipal Corporation.
[iii]
Respondent No.4 shall also raise objections within one week from
today before the Ahmedabad Municipal Corporation.
[iv]
The Competent Authority of the Ahmedabad Municipal Corporation shall
decide the representation of the petitioners, after affording an
opportunity of hearing to the petitioners and respondent No.4, and
after taking into consideration the objections raised respondent
No.4, submissions made by the both the parties and on the basis of
the materials that may be produced before it in accordance with law
within a period of four weeks from today..
[v]
The petitioners shall not make any construction in pursuance of
Rajachithhi for a period of six weeks from today.
[vi]
If the decision is against the petitioners, it will be open to the
petitioners to challenge the decision of the Ahmedabad Municipal
Corporation.
4
This petition is allowed to the aforesaid extent, with no order as to
costs.
(ANANT
S. DAVE, J.)
(swamy)
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