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Gujarat High Court

Matinuddin Zahiruddin Shaikh & vs Surat Municipal Corporation & ... on 23 January, 2015

Author: Akil Kureshi

Bench: Akil Kureshi, Mohinder Pal

           C/MCA/2359/2014                                          ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 2359 of 2014

               In LETTERS PATENT APPEAL NO. 734 of 2013
              In SPECIAL CIVIL APPLICATION NO. 2671 of 2013

================================================================
           MATINUDDIN ZAHIRUDDIN SHAIKH & 1....Applicant(s)
                              Versus
           SURAT MUNICIPAL CORPORATION & 8....Opponent(s)
================================================================
Appearance:
MS RENISHA R VYAS, ADVOCATE for the Applicant(s) No. 1 - 2
DS AFF.NOT FILED (N) for the Opponent(s) No. 1 - 4 , 6 - 9
MR DHAVAL G NANAVATI, ADVOCATE for the Opponent(s) No. 1
MR KEYUR K ACHARYA, ADVOCATE for the Opponent(s) No. 3
MR P P MAJMUDAR, ADVOCATE for the Opponent(s) No. 5 - 9
MR SP MAJMUDAR, ADVOCATE for the Opponent(s) No. 5 - 9
================================================================

          CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
                 and
                 HONOURABLE MR.JUSTICE MOHINDER PAL

                                  Date : 23/01/2015


                                    ORAL ORDER

(PER : HONOURABLE MR.JUSTICE AKIL KURESHI) The applicants, original respondent Nos. 3 and 4 have filed this application seeking a clarification that the area of common plot to be maintained mentioned in paragraph Nos. 4 and 6 of our order dated 23.7.2014 as 769.00 Sq.Mtrs. be replaced by 747.10 Sq.Mtrs. which according to these applicants is the actual area of common plot kept open.

Learned advocate, Shri Majmudar, for the contesting respondents, original appellants submitted that the requirement is to keep a minimum 10% of the developed area for common amenities. He further pointed out that Municipal Corporation has already carried out the measurement in presence of both the sides.

Under the circumstances, in clarification of order dated 23.7.2014, we provide that instead of the requirement of keeping open 769.00 Sq.Mtrs., the Surat Municipal Corporation to ensure that a minimum 10% of the entire land area is kept for common plot.

With this clarification, this application is disposed of.

(AKIL KURESHI, J.) (MOHINDER PAL, J.) ashish Page 2 of 2