Gujarat High Court
Kiran H Doshi & 2 vs State Of Gujarat & on 5 August, 2016
Author: Mohinder Pal
Bench: Mohinder Pal
C/SCA/4032/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 4032 of 2014
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KIRAN H DOSHI & 2....Petitioner(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR BHARAT T RAO, ADVOCATE for the Petitioner(s) No. 1 - 3
MR TEJAS K MOTWANI, AGP, for the Respondent(s) No. 1
MR DEEP D VYAS, ADVOCATE for the Respondent(s) No. 2
RULE SERVED for the Respondent(s) No. 1 - 2
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CORAM: HONOURABLE MR.JUSTICE MOHINDER PAL
Date : 05/08/2016
ORAL ORDER
1. Dispute in this case is that land of the petitioner had come under Town Planning Scheme. Vacant plot belonging to the petitioner has been allotted to some other persons, while he has been given a plot at a place which is under unauthorized possession and occupation of third party. It is duty of respondent No.2 to provide plot to the original owner which should be free from any unauthorised use or occupation.
2. Before proceeding with this matter, let the respondent authorities, particularly respondent No.2 i.e. Ahmedabad Municipal Corporation, get vacant possession of Plot No.19 which has been allotted to the original owner and is now claimed by the petitioner on Page 1 of 2 HC-NIC Page 1 of 2 Created On Sat Aug 06 05:03:46 IST 2016 C/SCA/4032/2014 ORDER the basis of the Will executed in his favour. Learned counsel representing respondent No.2 has undertaken that it is their duty to provide vacant possession of the plot under the Act. Resultantly, an affidavit will be filed by respondent No.2 authority regarding vacant possession of such plot on the next date of hearing. Matter to come up on 24.08.2016.
3. However, it is made clear that providing possession of Plot No.19 by respondent No.2 will not mean that the petitioner has surrendered his arguments regarding claim to the original plot which he alleged to have got by way of Will and was under his possession.
(MOHINDER PAL, J.) KMGThilake) Page 2 of 2 HC-NIC Page 2 of 2 Created On Sat Aug 06 05:03:46 IST 2016