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SCA/14099/2005 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14099 of 2005
with
CIVIL
APPLICATION NO.7307 OF 2005
======================================
PANKAJ
CO-OP.HOUSING SOCI.LTD.THR' ITS PRESIDENT
Versus
STATE
OF GUAJRAT THR' CHIEF SECRETARY AND OTHERS
======================================
Appearance
:
MR SP MAJMUDAR for the
petitioner
MR AJ Desai, Assistant Government Pleader for
Respondent No.1
MR PRANAV G DESAI for Respondent Nos. 2 - 3.
MR
BS PATEL for Respondent No.4
======================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 28/02/2006
ORAL
ORDER
Upon
hearing Mr Dave for the applicant in Civil Application and for
respondent No.4 in the main Special Civil Application it, prima
facie, appears that without no objection of the society the property
is purchased. The purchaser is not made as the member of the
Society. It is an admitted position that it is a housing cooperative
society and the permission of the Society is required when the
construction is for commercial use.
Mr
Dave, learned counsel for the contesting respondent submitted that
his client is desirous to make the construction for his personal use
and not for commercial use. Prima facie, such contention cannot be
accepted on the face of the permission granted by the Corporation
which provides for parking place, showroom, plus mezzanine floor,
showroom, plus showroom and one flat. When the applicant of Civil
Application has not acquired the lawful title of the property, the
permission ought not to have been granted by the Corporation.
In
view of the above, as the petition is already admitted, the
ad-interim relief granted earlier shall continue as the interim
relief. It is clarified that the pendency of this petition shall not
operate as a bar to either side for pursuing of the proceedings
before the learned Nominee and/or before the Gujarat State
Cooperative Tribunal including for the interim relief. In the event
the interim relief is not granted or granted in favour of either
side, it would be open for either side to move this Court for
modification and/or vacation of the interim relief.
Civil
Application stands disposed of accordingly.
(Jayant
Patel, J.)
*mohd
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