Akbari Kaileshbhai Thakarshibhai vs State Of Gujarat on 11 March, 2020

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Gujarat High Court

Akbari Kaileshbhai Thakarshibhai vs State Of Gujarat on 11 March, 2020

Bench: A.Y. Kogje

       C/SCA/6103/2020                                    ORDER




    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CIVIL APPLICATION NO. 6103 of 2020

=============================================
            AKBARI KAILESHBHAI THAKARSHIBHAI
                          Versus
                    STATE OF GUJARAT
=============================================
Appearance:
MR EE SAIYED(725) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3
MR. DHAWAN JAYSWAL, AGP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

                         Date : 11/03/2020

                          ORAL ORDER

1. This petition under Article-226 of the Constitution of India, is filed with following prayers.

"a) Your Lordship may be pleased to quash and set aside the order of respondent No.2 dated 27-02-2020 Annexure-A herein qua removal of possession of final plot No.93 original plot no.88 of the society in question.

b) Pending admission and disposal kindly stay the execution and implementation of Annexure-A so far as 4 civil possession of common plot no.93 original plot no.88 of the society in question.

c) Your Lordship may be further pleased to kindly direct the respondents their agents and servants to give personal hearing which way prayed in application dated 28-02-2020 and ask them to maintain status."

2. Learned Advocate for the petitioner at the outset submitted that only relief that he prays for today is for giving an opportunity of hearing to the petitioner. In this connection, possession notice dated 27-02-2020, was served upon the Page 1 of 2 Downloaded on : Wed Mar 11 23:55:54 IST 2020 C/SCA/6103/2020 ORDER petitioner and immediately wherein 10 days time was provided for handing over the possession. At the same time in the same notice, an opportunity was given to furnish any objection within period of three days. The petitioner immediately on 29-02-2020 submitted their objections. However, there is no decision which has communicated to such objections.

3. Learned AGP submitted that notice is contemplated under Section-48(A), 67 and 68 of the Town Planning Act and Rule-33 and therefore, no interference can be made.

4. Having considered the rival submissions of the parties and having considered the fact that matter pertains to common open plot, which has been in used by the petitioner since considerable period. Therefore, it would be appropriate to direct the respondents to grant an opportunity of hearing on the objections given by the petitioner on 29-02-2020. The respondent - Corporation may call upon the petitioner for personal hearing within period of one week from today.

5. With the aforesaid, the petition stands disposed of.

Direct service is permitted today.

(A.Y. KOGJE, J) PARESH SOMPURA Page 2 of 2 Downloaded on : Wed Mar 11 23:55:54 IST 2020

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