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SCA/2055/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2055 of 2010
=========================================================
SITARAM
COOP.HOUSING SOCIETY LTD. THROUGH CHAIRMAN - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance :
MR
RISHIT P BHATT for
Petitioner(s) : 1,
MR PRANAV DAVE AGP for Respondent(s) :
1,
NOTICE SERVED BY DS for Respondent(s) : 1 - 2.
MR ADIL R
MIRZA for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 24/09/2010
ORAL
ORDER
1.0 By
way of this petition, the petitioner has prayed for an order
directing respondent No. 2- State of Gujarat to hand over the
possession of the land bearing Sardar Nagar Site No. 6 to the extent
of 4040 sq. mtrs, City Suvey No. 1898, District: Ahmedabad to the
petitioner society within a reasonable period as may be determined by
this Court from the date of passing of the order.
2.0 The
facts of the case are that on 18.09.2000, the Government lifted ban
on making residential units over the land in question. On 14.05.2003,
the A.U.D.A wrote a letter to Airport Authority of India (for short
“A.A.I”) that petitioner-society is allotted 7275 square
meters of land and the N.O.C be given to it. On 12.01.2004 A.A.I
wrote a letter to A.U.D.A that the matter is under consideration
with Government for acquiring the land for parallel taxi way and
therefore, the A.U.D.A may allot the alternative land. On 21.02.2004,
the A.A.I wrote a letter to the petitioner- society that since N.O.C
is under cloud, N.C. C for alternate land is under consideration. On
12.03.2004, the A.U.D.A wrote a letter that since N.O.C is not
given, A.A.I would be requested to give N.O.C and the society will be
intimated. The A.U.D.A wrote a letter to A.A.I that 7275 square
meters of land was alloted to the petitioner society but N.O.C is not
given and therefore, requires to clarify which part of the land is
required by giving separate map by A.A.I. The Airport Authority
clarified to A.U.D.A that 2210 square meters of land from the society
and 4040 square meters of land from rest of the land is not required
for parallel taxi way. The A.U.D.A put certain conditions since
society was getting 1025 square meters land less than 7275 square
meters i.e. 6250 square meters only. The petitioner requested
A.U.D.A to supply A.U.D.A’s map/measurement sheet. The Airport
Authority has given N.O.C. The petitioner-society has complied with
the conditions. However, A.U.D.A stated that since one petition is
pending before this Court, the same may be withdrawn. The petition
was accordingly withdrawn and therefore, the petitioner-society
requested to give possession of land in question. The A.U.D.A has
fulfilled conditions. The A.U.D.A has written a letter to Urban
Development and Urban Housing Department that A.U.D.A be allowed to
give land to the extent of 6250 square meters of land so that the
order dated 12.09.2003 passed in S.C.A. No. 13417 of 2003 can be
complied with.
3.0 As
a result of hearing and perusal of the documents on record and in
view of affidavit-in-reply since the land allotted to the A.A.I was
required for public purpose by the A.A.I and pursuant to the
subsequent direction of this Court, the A.U.D.A has complied with the
requirement of the Airport Authority and judgement of this Court. In
that view of the matter, the petitioner cannot claim as a matter of
right a particular area of land. If the land is not given, the
petitioner will be given requisite compensation under the Act. The
petition is dismissed. Notice is discharged. Interim relief, if any,
stands vacated.
(K.S.JHAVERI,
J.)
niru*
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