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SCA/18659/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 18659 of
2007
=========================================================
PREMRAJ
PANDURANG BALGUJAR & 9 - Petitioner(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
=========================================================
Appearance
:
MS
NIYATI K SHAH for
Petitioner(s) : 1 - 10.
GOVERNMENT PLEADER for Respondent(s) :
1,
DS AFF.NOT FILED (N) for Respondent(s) : 1,
MR PRASHANT G
DESAI for Respondent(s) : 2 - 3.
NOTICE SERVED for Respondent(s) :
4,
MR PREMAL R JOSHI for Respondent(s) :
5,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 12/11/2008
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
Respondent
No.5 is present before the Court. Mr. Premal R.Joshi submits that
the case of Respondent No.5 right from the beginning is that the
Petitioners were the encroachers / trespassers. But taking the most
liberal view of the matter and taking a compassionate approach in
the matter, at the most, Respondent No.5 may consider to find out an
amicable solution on the basis of proportionate reduced area, which
Respondent No.5 has got against Original Plot No.3. It is a matter
of record that Original Plot No.3 admeasured 3561 sq. Meters, which
was divided into two final plots being Final Plot No.7 and Final
Plot No.8 admeasuring 963 sq. meters and 2198 sq. meters
respectively. The learned advocate Mr. Joshi submitted that he will
put his sincere efforts to convince Respondent No.5 to work out an
amicable solution to the problem with humanitarian touch, as the
Petitioners are going to loose their possession when the Corporation
takes over Final Plot No.7. Learned advocate Mr. Joshi has placed
on record a sketch as directed earlier on record.
Learned
advocate Mr. Desai for the Corporation submitted that, as shown in
the map, the Corporation is in possession of entire open space of
Final Plot No.7, which includes the part of original Plot No.2/3
also. Mr. Desai produces on record a sketch showing Final Plot No.7
marked with red ink.
Learned
advocate for the Corporation to place a panchnama drawn on site
showing the position as on today, to show actual position about the
possession of open land in Final Plot No.7, and the possession of
the Petitioners of the constructed property. The matter is adjourned
to 14.11.2008.
(Ravi
R.Tripathi,J)
(Rajesh
H. Shukla,J)
Jayanti*
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