B.C.PATEL, G.T.NANAVATI
MUNICIPAL CORPORATION OF AHMEDABAD – Appellant
Versus
CHIMANLAL ESTATE OWNERS ASSOCIATION – Respondent
( 1 ) BOTH these appeals arise out of the judgment and order passed by the learned single Judge of this Court in Special Civil Application no. 6127 of 1983 (Chimanlal Estate Oqners Asso. v. Ahmedabad Muni. Corpo. , 1986 (2) GLR 1323) Letters Patent Appeal No. 243 of 1986 is filed by the ahmedabad Municipal Corporation, which was respondent No. 1 in the petition. Letters Patent Appeal No. 30 of 1987 is filed by the State of Gujarat, which was respondent No. 2 in the petition. As both these appeals arise out of the same judgment and raise the same point, they are disposed of by this common judgment.
( 2 ) SPECIAL Civil Application No. 6127 of 1983 was filed by Chimanlal Estate owners Association, an association registered under the Bombay Non-Trading corporation Act. The association owns certain properties situated on Ashram Road in the city of Ahmedabad. In respect of one of such properties, the Association submitted its first plan for construction and it was sanctioned on 1-12-1980. The second revised plan was submitted on 23-3-1981 but was rejected on 26-3-1981. Again, a revised plan was submitted on 27-12-1982 claiming 1. 40 FSI (Floor space Index ). That was also rej
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