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SCA/4714/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4714 of 2010
=========================================================
RAMESHCHANDRA
RAMDAYAL KHARE - Petitioner(s)
Versus
VADODARA
MUNICIPAL CORPORATION & 2 - Respondent(s)
=========================================================
Appearance
:
MR
NK MAJMUDAR for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 22/04/2010
ORAL
ORDER
This
petition under Article 226 of the Constitution of India, has been
filed with the following prayers:
(A) Be
pleased to admit this petition;
(B) Be
pleased to issue writ, order or direction, quashing and setting-aside
the notice issued by the Corporation authorities dated 3.3.2010 as
well as illegal and arbitrary action on the part of the Corporation
authorities in deciding to construct 27 meters by-pass road
(proposed) and to lay water and drainage pipeline upon the land in
question of the petitioner without offering alternative piece of land
to the petitioner and without giving any compensation to the
petitioner;
(C) Be
pleased to issue appropriate writ, order or direction, directing the
Corporation authorities to decide the representation of the
petitioner and not to proceed with the further construction of
by-pass road and laying water and drainage pipeline upon the land in
question of the petitioner till the petitioner is allotted
alternative land in adjoining area in lieu of his original land which
is sought to be acquired for the purpose of constructing by-pass road
(proposed) and for laying water and drainage pipeline;
(D) Pending
admission and till final disposal of this petition, be pleased to
pass appropriate writ, order or direction restraining the Corporation
authorities from putting up the construction of the by-pass road
(proposed) as well as from laying water and drainage pipeline upon
the land in question of the petitioner till the aforesaid petition is
finally heard and decided and to maintain status-quo in respect of
the land in question of the petitioner till the aforesaid petition is
finally heard and decided.
(E) Be
pleased to pass such other and further orders as may be deemed fit in
the interest of justice;
I
have heard Mr.N.K.Majmudar, learned counsel for the petitioner. It is
submitted by him that the petitioner is an agriculturist and the
respondent-authority is proposing to construct 27 meter wide by-pass
road on land bearing revenue Survey No.829 Paiki 1, situated at Mouje
Bapod, Taluka Vadodara, District: Vadodara, admeasuring 0 Hectare, 71
Are and 83 Square Metres, which belongs to him and is offering FSI
instead of compensation to the petitioner in lieu thereof, which is
of no use to him as the petitioner is an agriculturist. It is further
submitted that the petitioner has made a representation dated
13.04.2010 to the Commissioner, Vadodara Municipal Corporation in
this regard, to which no reply has been received. The learned counsel
for the petitioner submits that the interest of justice would be met,
if the representation made by the petitioner is decided by the
Commissioner, Vadodara Municipal Corporation, and in that event, the
petitioner would not press the petition.
In
view of the submissions made by the learned counsel for the
petitioner and, in particular, in view of the prayer at paragraph
5(C) of the petition, as reproduced hereinabove, the following order
is passed:
The
Commissioner, Vadodara Municipal Corporation, shall consider the
representation dated 13.04.2010 made by the petitioner and also give
him an opportunity of hearing. After considering the same and after
hearing the petitioner, an appropriate order shall be passed, in
accordance with law on, or before, 15.05.2010. It is open to the
petitioner to make a request before the concerned authority to
maintain status-quo during the pendency of the representation, which
shall be considered by the said authority, in accordance with law.
Liberty is reserved to the petitioner to approach this Court in case
of difficulty. It is clarified that while passing the above order,
this Court has not entered into the merits of the case.
The
petition is disposed of as not pressed.
Direct
Service is permitted.
(Smt.Abhilasha
Kumari, J.)
(sunil)
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