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2007 Supreme(Guj) 7

JAYANT PATEL
MUKUNDLAL TRIKAMLAL PATWA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: K.J.BRAHMBHATT, PRANAV G.DESAI, SATYAM Y.CHAYYA, VARSHA BRAHMBHATT

( 1 ) RULE. Mr. Chhaya, learned AGP waives service of notice of rule for Respondents No. 1,2,4,5 and 6 and Mr. P. G. Desai, learned Counsel waives service of notice of rule for Respondent No. 3. With the consent of the learned Counsel for the parties, the matter is finally heard today.

( 2 ) THE petitioner has approached this Court for challenging the action of the respondent authorities in the Scheme under Gujarat Town Planning and Urban Development Act (hereinafter referred to as ?the Act?) so far it relates to land bearing F. P. No. 342/part-4 (City Survey No. 257), admeasuring 126 sq. mtrs.

( 3 ) HEARD the learned Counsel appearing for the parties.

( 4 ) UPON hearing the learned Counsel for both the sides, it appears that it is not in dispute that the land, which was originally held by one Sakina Abbas Karimi and Others was allotted to them by the Government in the year 1992 at the rate of Rs. 200/- per sq. mtrs and the payment was made thereafter. As per the petitioner, the possession was also handed over in the year 1992. It appears that the petitioner purchased the said land by registered sale deed in the year 1994 and as per the petitioner, since then petitioner is in posse









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