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MCA/1306/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR DIRECTION No. 1306 of 2010
In
SPECIAL CIVIL APPLICATION No. 10461 of 2009
=========================================================
RATILAL
DAHYABHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT & 4 - Opponent(s)
=========================================================
Appearance
:
MR
YN OZA, SR.ADVOCATE FOR MR
ASHISH B DESAI for Applicant(s) : 1,
MS TRUSHA PATEL,
ASST.GOVERNMENT PLEADER for Opponent(s)
: 1,
None for Opponent(s) : 2 - 4.
MR KUNAL NANAVATI, FOR
NANAVATI ASSOCIATES for Opponent(s) :
5,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 14/05/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
Learned
advocate, Mr.Kunal Nanavati for Nanavati Associates, under
supervision of Court Commissioner, Company will conduct re-survey as
is delineated in the order dated 08.03.2010 of this Court. The
company is directed to pay suitable compensation to Mr.Maulik R.Shah
and Mr.Shahil N.Shah for their services as Court Commissioner. The
re-survey and the break-up of the value of the trees and other items
along with future prospects will be given to the applicant within a
period of one week and that will be the final determination of their
claim. As the re-survey report is given to the applicant, Company
will also send a cheque as well of the estimated amount of
compensation. Needless to say, this will be subject to the right of
the applicant under Section 18 of the Land Acquisition Act.
Thereafter, the applicant is ordered to vacate the land by 30th
June 2010 as given out. The application is disposed of accordingly.
(BHAGWATI
PRASAD, J.)
(J.C.UPADHYAYA,
J.)
(binoy)
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