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SCA/11199/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11199 of 2009
=========================================================
SANTRAM
NILAYAM COMPLEX ASSOCIATION, THROUGH MANISHBHAI & 1 -
Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
TS NANAVATI for
Petitioner(s) : 1 - 2.
DS AFF.NOT FILED (N) for Respondent(s) :
1,
MR MEHUL SHARAD SHAH for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 03/03/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
Heard
learned counsel for the parties. Grievance of the learned counsel
for the petitioner is that the respondent No.2 Nadiad Nagarpalika
is not adhering to the original plan which was published by them for
Shree Santram Nilayam. We have been taken through the brochure, and
in the brochure parking area is kept for an area which is 938.31
sq.mtrs. The learned counsel for the respondent No.2 Nadiad
Nagarpalika submits that his statement may be recorded to the effect
that more than this area would be kept available for parking without
any reservation of any kind and whatever construction they make, and,
therefore, the grievance of the petitioner with regard to parking is
being taken care of in view of the statement made by learned counsel
for the respondent No.2 Nadiad Nagarpalika. Therefore, we do not
think that any grievance survives with the petitioner.
Apart
from the aforesaid, building is required to have sanitary facilities
as assured in the plan and the learned counsel for respondent No.2
Nadiad Nagarpalika assures that sufficient sanitary facilities would
be made available to the occupants of the building and the
apprehension of the learned counsel for the petitioner that the
toilets to be used would be at a distance of a kilometer and half is
not correct. May be that such kind of statement has been made in
writing in affidavit, but that would not be pressed into service and
sanitary facilities would be provided by the Nadiad Nagarpalika.
With
the aforesaid observations, the present petition is disposed of. In
case of any difficulty, the petitioner will have a liberty to
approach this Court.
(BHAGWATI
PRASAD, J.)
(J.C.UPADHYAYA,
J.)
(binoy)
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