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Gujarat High Court

Legal Heirs Of Prabhatbhai Shivabhai ... vs State Of Gujarat on 8 February, 2021

Author: Vineet Kothari

Bench: Vineet Kothari, Gita Gopi

               C/LPA/1281/2016                                        ORDER
              LEGAL HEIRS OF PRABHATBHAI SHIVABHAI SOLANKI V. STATE OF GUJARAT


                IN THEHIGHCOURTOF GUJARATAT AHMEDABAD

                   R/LETTERSPATENTAPPEALNO. 1281of 2016

                In R/SPECIALCIVILAPPLICATIONNO. 5985of 1999

                                   With
                   CIVILAPPLICATION(FORSTAY) NO. 1 of 2016
                  In R/LETTERSPATENTAPPEALNO. 1281of 2016
==============================================================================

LEGALHEIRSOF PRABHATBHAI SHIVABHAI SOLANKI Versus STATEOF GUJARAT& 4 other(s) ============================================================================== Appearance:

MRPMBHATT(183)for the Appellant(s)No. 1,1.1,1.2 MR MEET THAKKARASST.GOVERNMENTPLEADER(1)for the Respondent(s)No. 1,2,3 MRNILESHA PANDYA(549)for the Respondent(s)No. 5 NOTICEUNSERVED(8)for the Respondent(s)No. 4 ============================================================================== CORAM: HONOURABLE DR. JUSTICE VINEET KOTHARI and HONOURABLE MS. JUSTICE GITA GOPI Date: 08/02/2021 ORALORDER (PER: HONOURABLE DR. JUSTICE VINEET KOTHARI)

1. After hearing the learned counsel for some time, we direct the learned counsel on both the sides as under;

(i) The learned counsel for the appellants-petitioners shall produce before the Court, along with Affidavit of the appellants- petitioners, the entire application, annexures and plan of the scheme for housing for weaker sections produced by him before the competent authority under section 21 of the Urban Land (Ceiling and Regulation) Act, 1976 in the year 1987.

LEGAL HEIRS OF PRABHATBHAI SHIVABHAI SOLANKI V. STATE OF GUJARAT

(ii) Learned counsel Mr. Bhatt may also produce the status of the application under section 21 of the Act, after the order by the learned Tribunal remanding the case back to the competent authority.

(iii) If, after the last notice for hearing on the said Application, any proceedings have taken place, the certified copy of the proceedings of the competent authority may be produced before the Court.

2. The learned counsel for the State Government Mr. Meet Thakkar and learned advocate Mr. Nilesh A. Pandya appearing for the respondent

- Baroda Municipal Corporation are directed to produce the following :-

(i) The allotment of land in question, if any, made to any third party and the documents related to the land in question.

(ii) The status of the developments, if any, so made on the land in question by the State / Municipal Corporation and the status of section 21 Application after remand to the competent authority.

3. Both the learned counsels may produce the aforesaid information with the Affidavit of the relevant Officer / person, within a period of four weeks from today.

4. Put up on 08.03.2021.

(DR. VINEET KOTHARI,J) (GITA GOPI, J) PRAVINKARUNAN Page 2 of 2 Downloaded on : Tue Feb 09 20:35:38 IST 2021