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2000 Supreme(Guj) 63

C.K.THAKKER, D.M.DHARMADHIKARI
CHHANI NAGAR PANCHAYAT – Appellant
Versus
STATE – Respondent


Advocates Appeared: ARUN H.MEHTA, D.U.SHAH, K.G.VAKHARIA, K.S.Nanavati, L.R.PUJARI, S.D.PATEL, S.N.SHELAT, TUSHAR MEHTA

C. K. THAKKER, J.

( 1 ) IN these petitions, common questions of fact and law have been raised. It is, therefore, convenient to dispose of all the petitions by a common Judgment.

( 2 ) FOR appreciating the contentions raised in the present group of petitions, the facts in a nutshell of the first matter, i. e. Special Civil Application No. 4663 of 1987 may now be stated.

( 3 ) THE said petition is filed by Chhani Nagar Panchayat (herein after referred to as "panchayat" for short) for an appropriate writ, direction or order, quashing and setting aside Notifications at Annexure-A and B to the petition dated August 21, 1987 and for permanent injunction restraining the State of Gujarat-Respondent no. 1 from exercising power under Sec. 16 of the Gujarat Industrial Development Act, 1962; and for declaring certain Survey Numbers of Village Chhani as Notified Area under Chapter 26-A of the Gujarat Municipalities Act, 1963. A further prayer was made, restraining the respondent authorities from declaring the above Survey Numbers from deleting as part of Nagar Panchayat under the provisions of the Gujarat Panchayats Act, 1961.

( 4 ) THE case of the Petitioner-Panchayat was that, it was a Panchay























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