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Gujarat High Court

Wind World India Limited - Formerly ... vs Dhun Dhoraji Gram Panchayat Thro ... on 22 January, 2014

Author: A.J.Desai

Bench: A.J.Desai

          C/SCA/2972/2013                                    ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             SPECIAL CIVIL APPLICATION NO. 2972 of 2013

================================================================
    WIND WORLD INDIA LIMITED - FORMERLY KNOWN AS ENERCON
                       INDIA....Petitioner(s)
                              Versus
       DHUN DHORAJI GRAM PANCHAYAT THRO SARPANCH &
                        1....Respondent(s)
================================================================
Appearance:
VIRAL K SHAH, ADVOCATE for the Petitioner(s) No. 1
MR NITIN M AMIN, ADVOCATE for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2
================================================================

         CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

                             Date : 22/01/2014


ORAL ORDER

Heard learned Advocates appearing for the parties. RULE. Mr. Nitin M. Amin, learned Advocate, waives service of notice of Rule on behalf of respondent No.1.

As far as interim relief is concerned, I have perused the allotment letter issued to the petitioner as well as the written statement filed by the Collector, Jamnagar, in the suit, being Civil Suit No.560 of 2008, preferred by the respondent No.2 in the court of learned Principal Senior Civil Judge, Jamnagar, claiming the very relief as well as the impugned Notice/Order dated 2.3.2013 passed by the respondent No.1 Gram Panchayat by which the present petitioner has been called upon to remove the windmills installed over the land which was allotted to the petitioner by the Collector, Jamnagar. I have also perused the affidavit-in-reply Page 1 of 2 C/SCA/2972/2013 ORDER filed on behalf of the respondent No.1-Gram Panchayat and the map produced along with it as well as the map produced by the petitioner along with a Sanad which has been granted in favour of the petitioner way back in the year 2008-2009.

Considering the aforesaid facts, the ad interim relief which has been granted to the petitioner vide order dated 14.3.2013 is hereby confirmed.

(A.J.DESAI, J.) pnnair Page 2 of 2