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2024 Supreme(SC) 449

A. S. BOPANNA, SANJAY KUMAR
Mrugendra Indravadan Mehta – Appellant
Versus
Ahmedabad Municipal Corporation – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Shyam Divan, Sr. Adv. Mr. Huzefa Ahmadi, Sr. Adv. Mr. Amit Thakkar, Adv. Mr. . Mrugen Purohit, Adv. Mr. Mahesh Agarwal, Adv. Mr. Ankur Saigal, Adv. Ms. S. Lakshmi Iyer, Adv. Ms. Kamakshi Sehgal, Adv. Mr. E. C. Agrawala, AOR
For the Respondent(s): Mr. Preetesh Kapur, Sr. Adv. Ms. Hemantika Wahi, AOR Ms. Jesal Wahi, Adv.

1. These two appeals arise out of the common judgment dated 18.06.2013 passed by a Division Bench of the High Court of Gujarat at Ahmedabad in First Appeal No. 3596 of 2009 and Cross-Objection No. 81 of 2010 in First Appeal No. 3596 of 2009. Thereby, the Division Bench allowed the first appeal filed by the Ahmedabad Municipal Corporation (for brevity ‘the Corporation’) and dismissed the cross-objection filed by the respondents in the first appeal. Aggrieved thereby, the said respondents filed these appeals.

2. The Corporation filed the aforestated first appeal challenging the judgment and decree dated 17.12.2008 passed by a learned Judge of the City Civil Court, Ahmedabad, in Civil Suit No. 4583 of 1998. The said suit was filed by the appellants herein against the Corporation seeking compensation of Rs. 1,63,97,673/- with interest thereon @ 18% p.a. or, in the alternative, allotment of land, i.e. an extent of 974 sq. mts. in any Town Planning Scheme in the western zone of Ahmedabad.

3. The suit averments of the appellants (hereinafter, referred to as ‘the plaintiffs’) were as follows:

    The plaintiffs’ father was the owner of original Plot Nos. 144, 150/P and 151/P in Survey Nos. 155, 2

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