BELA M.TRIVEDI
KAMLESHBHAI DALJIBHAI CHAUDHRY – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
1. The petition, filed by the petitioner Dr. Kamleshbhai Daljibhai Chaudhry under Article 226 of the Constitution of India, is directed against the Notices dated 26.8.2020 and 1.9.2020 (Annexures D and E respectively) jointly issued by the respondent Authorities, calling upon the petitioner to remove the encroachments and demolish the illegal constructions made on the land bearing Survey No.87 paiki, situated at the Village Shankheshwar (hereinafter referred to as the “land in question”).
2. As per the case of the petitioner, he is a doctor by profession and running a dispensary at the Village Shankheshwar. The petitioner has also got registered a trust namely “Margi Foundation”. The petitioner has put up construction of his dispensary in 1200 sq. mtrs., and also carried out other constructions for the benefits of the society on the said land in question. It is further case of the petitioner that on the complaint made by one Kantibhai K. Joshi, the Mamlatdar, Shankheshwar had issued a Notice on 3.7.2020 to the petitioner and one Mr.Thakore Amram Shankherji, calling upon them to vacate the land in question stating inter alia that on the measurement carried out by the office
Olga Tellis and Ors. Vs. Bombay Municipal Corporation and Ors.
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Maneka Gandhi Vs. Union of India
Dipak Kumar Mukherjee versus Kolkata Municipal Corporation and others
K. Ramadas Shenoy v. Chief Officers
Virender Gaur v. State of Haryana (1995) 2 SCC 577
Pleasant Stay Hotel v. Palani Hills Conservation Council (1995) 6 SCC 127
Pratibha Coop. Housing Society Ltd. v. State of Maharashtra (1991) 3 SCC 341
G.N. Khajuria (Dr) v. Delhi Development Authority (1995) 5 SCC 762
Manju Bhatia v. New Delhi Municipal Council (1997) 6 SCC 370
M.I. Builders Pvt. Ltd. v. Radhey Shyam Sahu (1999) 6 SCC 464
Friends Colony Development Committee v. State of Orissa (2004) 8 SCC 733
Shanti Sports Club v. Union of India (2009) 15 SCC 705 and
Priyanka Estates International Pvt. Ltd. v. State of Assam (2010) 2 SCC 27.
Pratibha Coop. Housing Society Ltd. v. State of Maharashtra
Shanti Sports Club v. Union of India reported in (2009) 15 SCC 705
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