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LPA/1789/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1789 of 2009
In
SPECIAL
CIVIL APPLICATION No. 3321 of 1995
With
CIVIL
APPLICATION No. 10435 of 2009
In
LETTERS
PATENT APPEAL No. 1789 of 2009
With
LETTERS
PATENT APPEAL No. 2169 of 2009
In
SPECIAL
CIVIL APPLICATION No. 7288 of 1995
With
CIVIL
APPLICATION No. 11446 of 2009
In
LETTERS
PATENT APPEAL No. 2169 of 2009
=================================================
SAHKAR
COOPERATIVE HOUSING SOCIETY LTD & 6 - Appellant(s)
Versus
AHMEDABAD
URBAN DEVELOPMENT AUTHORITY & 2 - Respondent(s)
=================================================
Appearance :
MR
DHAVAL M BAROT for Appellant(s) : 1 - 7.
MR RC JANI for
Respondent(s) : 1,
MS KRINA P CALLA, AGP for Respondent(s) : 2,
MR
RK MISHRA for Respondent(s) :
3,
=================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 28/07/2010
COMMON ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE AKIL KURESHI)
Having
heard the learned advocates appearing for the parties, though we are
not inclined to disturb the decision of the learned Single Judge
under challenge in these Letters Patent Appeals, it is clarified and
provided that if the appellant society approaches the Ahmedabad
Urban Development Authority with a request for expeditious
implementation of the finalized Town Planning Scheme, vis-a-vis the
plot allotted to the appellant society, the authority shall
examine such a request and take such steps are may be found necessary
in accordance with law without being influenced by the observations
made in the impugned judgment of the learned Single Judge. It is
expected that the AUDA shall take all steps to implement the scheme
in its true spirit, subject to the judicial pronouncement either
interim order final on the issue.
The
appeals and the Civil Applications are accordingly disposed of.
Direct
Service is permitted.
[S.J.
MUKHOPADHAYA, CJ.]
[AKIL
KURESHI, J.]
Sundar/*
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