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2014 Supreme(Guj) 27

RAVI R.TRIPATHI, MOHINDER PAL
Mayur Non Trading Corporation Through President – Appellant
Versus
State of Gujarat Through Secretary – Respondent


Advocates:
Appearance :
Mr. Hasit H. Joshi, Advocate for the Petitioner Nos. 1 – 2.
Mr. Rashesh Rindani, Assistant Government Pleader for the Respondent No. 1.
Mr. R.D. Dave, Advocate for the Respondent No. 3.
Notice Served by D.S., for the Respondent Nos. 1 – 2.

Judgment

Ravi R. Tripathi, J.—Skeletons are not unknown in judicial matters, particularly, when plaintiff or petitioner dies, his heirs are brought on record. But the case on hand is a unique case wherein except fraud and misrepresentation nothing else is coming out.

To start with the present petition, the present petition being Special Civil Application No. 7105 of 2013 is filed by two petitioners, (i) Mayur Non Trading Corporation through its President, Mahmad Ismail Salemahmad Merchant and (ii) Jamnagar Industrial Infrastructure Foundation, through its Chairman, named, Jamabhai Shamjibhai Faldu and relief prayed for in this petition are as under:

“17(B) Declare that the proceedings of acquisition arising from the notification under Section 4 dated 8.3.1994 followed by Section 6 notification dated 1.5.1996 in award dated 30.9.1999 qua land bearing Survey No. 708 ad measuring ares 13 gunthas and 70ad measuring 23 acres 16 gunthas have stood vitiated in view Section 12(2) notice dated 1.9.2012 (Annexure L) and quash and set aside the entire proceedings accordingly in the interest of justice.

(C) Alternatively, declare that in view of date of notice under Section 12(2) dated..2012 (Anne























































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