Pooja Construction Co vs Mahuva Nagarpalika & on 24 April, 2015

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Gujarat High Court

Pooja Construction Co vs Mahuva Nagarpalika & on 24 April, 2015

Bench: Vijay Manohar Sahai

        C/SCA/4272/2015                               JUDGMENT




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             SPECIAL CIVIL APPLICATION NO. 4272 of 2015



FOR APPROVAL AND SIGNATURE:



HONOURABLE THE ACTING CHIEF JUSTICE MR. VIJAY MANOHAR
SAHAI


                          and


HONOURABLE MR.JUSTICE R.P.DHOLARIA

==========================================================

1   Whether Reporters of Local Papers may be allowed
    to see the judgment ?

2   To be referred to the Reporter or not ?

3   Whether their Lordships wish to see the fair copy of
    the judgment ?

4   Whether this case involves a substantial question of
    law as to the interpretation of the Constitution of
    India or any order made thereunder ?

==========================================================
                POOJA CONSTRUCTION CO....Petitioner(s)
                             Versus
               MAHUVA NAGARPALIKA & 1....Respondent(s)
==========================================================
Appearance:
MR KG SUKHWANI, ADVOCATE for the Petitioner(s) No. 1
MR. UTKARSH SHARMA, AGP, for the Respondent(s) No. 2
MR HS MUNSHAW, ADVOCATE for the Respondent(s) No. 1
==========================================================

        CORAM: HONOURABLE THE ACTING CHIEF JUSTICE MR.
               VIJAY MANOHAR SAHAI


                                Page 1 of 3
        C/SCA/4272/2015                                   JUDGMENT



                    and
                    HONOURABLE MR.JUSTICE R.P.DHOLARIA

                          Date : 24/04/2015



                          ORAL JUDGMENT

(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. VIJAY MANOHAR SAHAI) Rule. Learned advocate Mr. H.S. Munshaw waives service of rule for respondent No. 1 and learned AGP Mr. Utkarsh Sharma for respondent No. 2. Since affidavit in reply has been filed, with the consent of learned counsel for the parties, we have taken up the matter for final disposal.

2. We have heard learned counsel for the parties. Mahuva Nagarpalika awarded contract to the petitioner for making construction of office premises of Mahuva Nagarpalika known as "Jasvant Mehta Bhavan", at Mahuva, District Bhavnagar. Part of the contract has been completed by the petitioner and according to the petitioner, an amount of Rs. 1,66,19,123/- is due to be paid to the petitioner and this fact is admitted by learned counsel for respondent No. 1 in paragraph No. 5 of the affidavit in reply but the payment is not being made to the petitioner on the ground that the District Collector stayed the further construction that till Mahuva Nagarpalika gets changed the zone sanctioned by the State Government, no construction can be made. It is the dispute between Mahuva Nagarpalika and the Collector with which the petitioner has no connection. Since the amount is admitted by Mahuva Nagarpalika, a direction is issued to respondent No. 1 Page 2 of 3 C/SCA/4272/2015 JUDGMENT to make the payment to the petitioner of the amount of Rs. 1,66,19,123/- as mentioned in paragraph No. 5 of the affidavit in reply. The payment shall be made by respondent No. 1 to the petitioner within a period of one month from today.

3. With the aforesaid directions, this petition stands disposed of. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(V.M.SAHAI, ACJ.) (R.P.DHOLARIA,J.) (pkn) Page 3 of 3

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