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SCA/6165/2008 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6165 of 2008
with
SPECIAL
CIVIL APPLICATION No. 7029 of 2008
with
SPECIAL
CIVIL APPLICATION No. 8601 of 2008
=========================================================
NARENDRA
BALUBHAI RAJPUT – Petitioner(s)
Versus
BARDOLI
NAGAR PALIKA & 1 – Respondent(s)
=========================================================
Appearance
:
MR
GT DAYANI for
Petitioner.
MR PRASHANT G DESAI for Respondent : 1,
MS REETA
CHANDARANA, AGP, for Respondent
No.2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HON’BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 08/07/2008
ORAL
COMMON ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
The
petitioners, in these petitions, are aggrieved by the notices issued
by respondent No.1- Bardoli Nagarpalika requiring them to vacate the
shops within ten days, which were constructed by the petitioners
pursuant to the land being allotted to them for a large number of
years. The ground, on which the action by the Nagarpalika is taken,
was widening of the road; whereas the case of the petitioners is
that it is a line-alignment on the bank of river Mindoda and,
therefore, widening is not required.
2. It
transpires that the petitioners had made representation to the
Nagarpalika earlier. This Court also kept it open to the petitioners
to make a representation by its earlier order. It also transpires
that a Resolution has been passed by Bardoli Nagarpalika on
25.4.2008, whereunder the notices have been withdrawn. It also
appears that the Nagarpalika would try to work out for an alternative
place after discussing the issue with the cabin-holders ?
petitioners and till then, no action would be taken. There is no
dispute on the above factual aspects.
3.
In light of the above development, in our view, extraordinary powers
under Article 226 of the Constitution of India are not required to be
exercised. The petitions stand disposed of as having become
infructuous. Notice is discharged in each petition. No costs.
[A.L.DAVE,J.] [SMT.ABHILASHA
KUMARI,J.]
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