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2012 Supreme(Guj) 790

ANANT S.DAVE
Ambica Nagar Coop Housing Society Ltd. – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioner:Mr. Prakash K. Jani, Advocate
For the Respondent:Mr. Mehul Sharad Shah, Advocate, Mr. B.S. Patel, Advocate.

JUDGMENT :

Anant S. Dave, J.

All these seven petitions are filed under Articles 226 and 227 of the Constitution of India against the judgments/orders passed by the Gujarat State Co-operative Tribunal and the Authorities under the State of Gujarat. Since common question of law is involved in this group of petitions, at the request of the learned counsels appearing for the parties, they are taken up for final hearing together.

2. A common question raised in these seven petitions is whether a Member of the Co-operative Housing Society, who is allotted land/plot by Co-operative Housing Society governed by and under the provisions of the Gujarat Co-operative Societies Act, 1961, [for short, 'the Act of 1961'] is entitled to use/develop and/or transfer/alienate, in any manner, the said land/plot and raise construction thereon of commercial in nature or purpose contrary to the provisions contained in the Act of 1961, Rules, Regulation and Bye-laws of the Society made thereunder on the ground of permission so granted by the appropriate authority under the Gujarat Town Planning & Urban Development Act, 1976, [for short, 'the Act of 1976'], Rules and Regulations framed there under, viz. General

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