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CA/5205/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR DIRECTION No. 5205 of 2010
In
SPECIAL
CIVIL APPLICATION No. 3284 of 2010
=========================================
VINOD
N ASWANI OM INDUSTRIES - Petitioner(s)
Versus
GUJARAT
INDUSTRIAL DEVELOPMENTCORPORATION & 3 - Respondent(s)
=========================================
Appearance :
MS
LILU K BHAYA for
Petitioner(s) : 1,
MR MB GANDHI for Respondent(s) : 1 - 2.
MR
CHINMAY M GANDHI for Respondent(s) : 1 -
2.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 25/06/2010
ORAL
ORDER
1. The present
application is filed seeking direction against respondent Nos.1 and 2
to restore the status quo ante of the land and the access thereto
leading to the gate of the house of the applicant and to restrain
respondent Nos.1 and 2, their servants, contractors, agents, etc.
from carrying on any further construction of roads, ect. and remove
the material placed outside the house of the applicant.
2. So far as
construction of road is concerned, the request is found to be
misplaced. However, so far as closure of gate opened by owner of
plot No.99 towards plot No.101 to an addition to an opening on the
approach road is concerned, learned AGP Mr.Patel, on instructions
from the Resident Deputy Collector, states that the opening is
closed. Learned AGP has produced a xerox copy of Rojkam along
with photographs showing that the entry of plot No.99 towards plot
No.101 is closed by constructing a wall.
3. That being
so, the present application deserves to be disposed of and it is
accordingly disposed of.
At
the request of learned AGP, it is taken note of the fact that the
said Rojkam is signed
by the Chief Officer, Wadhvan Nagarpalika and Deputy Executive
Engineer, GIDC, Surendranagar along with two panchas, viz. (1) Shri
B.R.Shah and (2) Shri Subhashbhai Hamirbhai Rabari and other officers
present, viz. Mamlatdar, Wadhvan, Executive Magistrate, Wadhvan,
Police Sub-Inspector, Wadhvan, Overseer, Wadhvan Nagarpalika and
Regional Manager, GIDC, Wadhvan.
It is
impressed upon the learned AGP that the office of the Collector,
Surendranagar, in coordination with GIDC and Wadhvan Nagarpalika,
shall monitor the conduct of the owner of plot No.99 and see to it
that without there being any order from a competent authority, wall
constructed, closing the opening towards plot No.101, is not removed
and no new opening is made.
(Ravi
R.Tripathi, J.)
*Shitole
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