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2006 Supreme(Guj) 84

AKIL KURESHI
SHIVNAGAR CO-OPERATIVE HOSG. SOCIETY LTD – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: N.V.SOLANKI, PARESH UPADHYAY, SIRAJ R.GORI, SUNIL S.JOSHI

( 1 ) IN the present petition, the petitioner Shivnagar co-operative Housing Society has challenged an order dated 14-05-2004 passed by the Chief Officer, Halol nagarpalika. The case has longish history. Recording only the relevant events, it would appear that in the petitioner-society there are four plots 48, 49, 50 and 51 held by the respondents no. 4 and 5 herein. It is not in dispute that a school has been constructed by the said respondents in the plots owned by them. Though the assertion of the petitioner is that such construction is situated in all four plots, respondents no. 4 and 5 contended that school building is situated only in plot no. 48 and 49 whereas on plot no. 50 and 51, their residential house is existing. (1) The case of the petitioner is that society is a co-operative Housing Society and "na Permission" was granted by Collector with a condition that only residential unit can be constructed on the land in the society, despite which the respondents no. 4 and 5 constructed a school on the plot belonging to the society which was alloted to them. (2) The petitioner had earlier approached this Court by filing Special Civil Application No. 10372/2003 challenging the

















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