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SCA/2549320/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 25493 of 2007
=========================================================
RANCHHODBHAI
SHIVABHAI PATEL & 1 - Petitioner(s)
Versus
STATE
OF GUJARAT THR' SECRETARY & 2 - Respondent(s)
=========================================================
Appearance
:
MR
JN JADEJA for
Petitioner(s) : 1 - 2.
MR SATYAM CHHAYA, AGP for Respondent(s) :
1,
NOTICE SERVED BY DS for Respondent(s) : 1, 3,
MR PRASHANT G
DESAI for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 02/09/2008
ORAL
ORDER
From
the communication dated 23.8.2004 produced at Annexure-C to the
petition and upon hearing the Counsel for the Corporation, it is
clear that Final Plot No.101 which is to be alloted to the owners of
the original plot No. 76 as per their Town Planning Scheme has been
occupied by the encroachers. Corporation therefore, has so far not
been able to handover vacant possession thereof to the owners of
original plot No. 76 against which final plot no. 101 is assigned in
the Town Planning Scheme.
Learned
Senior advocate Shri Desai for the Corporation however, submitted
that the present petitioners were not shown to be the owners of
original plot No. 76 and Corporation cannot handover possession of
the plot without verification of the claims of the petitioners and
the original owners.
Learned
advocate Shri Jadeja for the petitioners submitted that the
petitioners are acting on power of attorney given by original
owners.
Be
that as it may, at this stage, the petition is disposed of directing
respondents No. 2 and 3 to take of appropriate steps to ensure that
scheme is implemented with respect to the handing over vacant
possession of final plot No. 101 to the owners of original plot No.
76. This may be done expeditiously and as far as possible within six
months from today.
With
these directions, the petition is disposed of at this stage.
(Akil
Kureshi,J.)
(raghu)
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