Indian Kanoon - Search engine for Indian Law

Shri Shalin Mehta, learned advocate for the petitioners has submitted that without prejudice to the rights and contentions of the respective parties and assuming for the moment that the case on behalf of the private respondents to have 10% of the common plot is considered in that case also, there is no common plot admeasuring about 10% of the total area of Block No.713. The aforesaid is disputed by Shri Asim Pandya, learned advocate for respondent nos. 4 and 5. It is submitted that there is a plot available, the area of which shall be not less than 10% of the total area of Block No.713 and let AUDA submit the report before this Court. Under the circumstances, before considering the present petition on merits and to appreciate the submission of Shri Pandya, learned advocate for respondent nos. 4 and 5, let respondent nos. 4 and 5 identify the plot which is required to be used as common plot, the area of which shall not be less than 10% of the total area of Block No.713 and let the officers of the AUDA measure the same and demarcate the same in presence of the petitioners as well as respondent nos. 4 and 5 and submit the report before this Court on or before next date of hearing. Stand over to 17.8.2010. To be placed in 11 A.M. Board. Direct service is permitted.