Gujarat High Court
Raichandnagar Co-Operative Housing ... vs State Of Gujarat & 2 on 25 July, 2017
Author: Rajesh H.Shukla
Bench: Rajesh H.Shukla
C/SCA/11252/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 11252 of 2014
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RAICHANDNAGAR CO-OPERATIVE HOUSING SOCIETY
LIMITED....Petitioner(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MR SHITAL R PATEL, ADVOCATE for the Petitioner(s) No. 1
MR BHARGAV PANDYA, AGP for the Respondent(s) No. 1
MR SATYAM Y CHHAYA, ADVOCATE for the Respondent(s) No. 2
NOTICE SERVED for the Respondent(s) No. 1 , 3
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CORAM: HONOURABLE MR.JUSTICE RAJESH H.SHUKLA
Date : 25/07/2017
ORAL ORDER
1. Present petition is filed by the petitioner under Articles 14 and 226 of the Constitution of India as well as under the Gujarat Town Planning and Urban Development Act, 1976 for the prayer as prayed in the petition.
2. Heard the learned advocate Shri Shital Patel for the petitioner, learned AGP Shri Bhargav Pandya for the respondent No.1 and learned advocate Shri Satyam Chhaya for the respondent No.2.
3. During the course of hearing as it transpires that the preliminary scheme has been sanctioned and therefore, learned advocate Shri Shital Patel has stated that the petitioner-society may be permitted to make the Page 1 of 2 HC-NIC Page 1 of 2 Created On Tue Jul 25 23:56:48 IST 2017 C/SCA/11252/2014 ORDER representation to the respondent No.1-State for modification/ variation of the scheme as per the provisions of the Gujarat Town Planning and Urban Development Act. The submissions which have been made with regard to the reservation according to him on a common plot of the society is required to be considered.
4. However, learned advocate Shri Satyam Chhaya has stated that it is a government land and still it could be considered by the State. Therefore, the present petition is permitted to be withdrawn with a liberty to file representation to the respondent No.1-Secretary, Urban Development and Urban Housing Department, Sachivalaya, Gandhinagar, through respondent No.2-The Municipal Commissioner, Ahmedabad Municipal Corporation, who in turn shall forward the same to the respondent No.1-State.
5. The representation to be filed within a period of two weeks which shall be forwarded within a period of one week thereafter by AMC to respondent No.1-State. The State shall consider the same in accordance with law on merits after providing an opportunity of hearing preferably within a period of four months.
6. The present petition accordingly stands disposed of. Notice is discharged. No order as to costs.
(RAJESH H.SHUKLA, J.) ABHISHEK Page 2 of 2 HC-NIC Page 2 of 2 Created On Tue Jul 25 23:56:48 IST 2017