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2012 Supreme(Guj) 331

G.B.SHAH, D.H.WAGHELA
Urvakunj Nicotine – Appellant
Versus
Union of India – Respondent


Appearance :
Mr. Asim Pandya for M/S. H.L. Patel Advocates, Mr. Mihir Thakore Sr. Advocate with Ms. Avani Thakore, Mr. Percy Kavina Sr. Advocate with Mr. Udayan Vyas, Mr. Satyajeet Desai, for the Appellants.
Mr. P.S. Champaneri, for the Respondent No. 1.
Mr. K.M. Patel, Sr. Advocate and Mr. Harin Raval with Mr. Dhaval Vyas, for the Respondent No. 2. Mr. D.D. Vyas Sr. Advocate with Dhaval D. Vyas, for the Respondents No. 3-4.

Judgment

D.H. Waghela, J.—All these Letters Patent Appeals are preferred from the common oral order dated 27.02.2012 in a group of petitions which are admitted but in which interim relief as prayed in the petitions are refused by the impugned order. Broadly, the background of relevant facts is that all the original petitioners and present appellants were granted separate parcels of land on lease by Kandla Port Trust (for short, “KPT”) and the period of those leases had expired in the year 2003-2004. Thereafter, pending renewal of those leases or grant of fresh leases, they continued to be in possession of the leased lands. Pursuant to and during pendency of a public interest litigation, i.e. W.P.(C) No. 11550 of 2009 in the High Court of Delhi, KPT informed the appellants that the period of lease was renewed by the Union of India upto 31.03.2011 and also conveyed its decision not to renew/extend the term of lease and rights thereunder. Therefore, the appellants were called upon by letter dated 26.8.2011 to hand over peaceful possession of the subject land to the Officer on Special Duty (Estate), KPT. Being aggrieved by that decision and communication, the appellants have approached




















































































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