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2009 Supreme(Guj) 17

RAVI R.TRIPATHI, RAJESH H.SHUKLA
Jawaharnagar Jhoopda Samittee Mandal (Old Railwayline) – Appellant
Versus
Union of India – Respondent


Advocates:
Appearance :
Mrs. S.N. Pahwa, for M/s. Thakkar Assoc., for the Petitioner.
Mr. R.M. Vin, for the Respondents.

Judgment

Ravi R. Tripathi, J.—The present petition is filed by committee of residents of Jawaharnagar Jhoopda Samittee Mandal who are residing in temporary hutments /structures since 1976 along with their family members. The present petition is filed on behalf of about 411 members /residents. Annexure-A is copy of the list of 411 members, which is later on amended to be 371. As nothing turns on that, the Court is not going into the niceties of the same as to whether they are 371 or 411. What is important for the consideration of the Court is Annexure-F, a sketch produced by the petitioners. This Annexure-F shows the actual location of the petitioners vis-a-vis other establishments –Co-operative Housing Societies, etc. on the Railway land. The learned Advocate for the petitioners did point out that the sketch is not in scale.

1.1. The learned Advocate for the petitioners apprises the Court that the alignment of the various societies situated in the railway land is correctly depicted in this sketch. The actual position at the site, meaning thereby the distance of Dhanlaxmi Apartment from the road which is shown in the upper portion in the sketch is the same as that of the hutments. Sim
























































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