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2004 Supreme(Guj) 696

J.N.PATEL
AHMEDABAD MUNICIPAL CORPORATION – Appellant
Versus
RATAJI GANDAJI THAKORE – Respondent


Advocates Appeared: A.J.PATEL, B.G.Patel, JITENDRA M.PATEL, PRASHANT G.DESAI

J. N. PATEL, J.

( 1 ) THE petitioner-Corporation has preferred this petition for the reliefs inter alia to direct the respondents to treat the order passed by the Secretary (Appeals) Revenue Department dated 6. 09. 1995 in the Tenancy Case No. 1/1995 as cancelled. The petitioner has also prayed for a declaration that in view of Town Planning Scheme No. 20 (Gulbai Tekra), Final Plot No. 42 is reserved for petitioner-Corporation for School and has vested in the Corporation free from all encumbrances on the date on which the Final Town Planning Scheme has come into force and the petitioner Corporation is the owner of the said Plot No. 42. The petitioner has also prayed to call for the record and proceedings of Tenancy Case No. 1/1995 and Tenancy Case No. 39/1993 from the Secretary (Appeals) and Mamlatdar and ALT and prayed to set aside the observations made against the petitioner about the ownership of Final Plot No. 42 of Town Planning Scheme No. 20.

( 2 ) IT appears that one Dayabhai Kalidas, Vahivatdar of Parabadi Trust was originally holding the land bearing survey No. 49/2. It also appears that thereafter TP Scheme No. 20 was framed and in the year 1960 intention to make the TP Sc

















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