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SCA/1273820/2008 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12738 of 2008
=========================================
NATWARBHAI
GANDABHAI PATEL & 13 - Petitioner(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
=========================================
Appearance
:
MR PC KAVINA, SR. ADVOCATE, with
MR DHAVAL M BAROT for
Petitioner(s) : 1 - 14.
GOVERNMENT PLEADER for Respondent(s) :
1,
NOTICE SERVED BY DS for Respondent(s) : 2, - 5.
MR RR
MARSHALL for Respondent(2): 4
NOTICE
UNSERVED for Respondent(s) : 3,
MR HARSHADRAY A DAVE for
Respondent(s) : 5,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 21/10/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
Mr.
Marshall, learned Sr. Advocate, appears for Ahmedabad Urban
Development Authority-respondent No. 4. Mr. Harshadray Dave appears
for respondent No. 5-Shree Siddhi Infrabuild Pvt. Ltd.
Mr.
Dave, learned advocate, made available a copy of sketch/map titled as
Part Plan of Draft Town Planning Scheme No. 28 (GAHT, CAND, Sola).
The map is marked with a marker showing that respondent No. 5 is
having a consolidated Final Plot consisting of 313/3/P, 313/2, 304/1,
314/2, 303 and 302. Mr. Dave, on instructions from Mr. Kalpesh
Atmaram Patel, Director of respondent No. 5, further states that the
construction which is going on is on 313/3/P and 313/2. He undertakes
to file an undertaking of his clients that no construction will be
put up on land marked 314/2. The undertaking to be filed on or
before 24.10.2008.
The
court had directed by order dated 17.10.2008 to see that a
responsible officer not below the rank of Sr. Town Planner from
respondent No. 4-AUDA remains personally present. Mr. Marshall,
learned Sr. Advocate, informs that Ms. Neela Munshi, Sr. Town
Planner, is present in the court.
Learned
Sr. Advocate Mr. Marshall appearing for AUDA informs the court that
he will instruct AUDA to mark separately the land bearing No. 314/2
and to place security at the cost of respondent No. 5 to ensure that
no construction is put up in that area (314/2).
The
matter is adjourned to 19.11.2008. Ad-interim relief granted earlier
by order dated 17.10.2008 to continue till then.
At
this juncture, Mr. Kavina, learned Sr. Advocate, appearing with Mr.
Barot, learned advocate for the petitioner seeks permission to supply
fresh address of respondent No. 3 and also prays that fresh notice be
issued to respondent No. 3 who could not be served at the address
given in the memo of petition.
The
request is granted. The office to issue fresh notice to respondent
No. 3 returnable on 19.11.2008. D.S. permitted qua respondent No. 3
only.
[Ravi
R. Tripathi, J.]
[Rajesh
H. Shukla, J.]
(hn)
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