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2021 Supreme(Guj) 143

VIPUL M.PANCHOLI
Ahmedabad East Infrastructure LLP – Appellant
Versus
Collector And District Magistrate, Gandhinagar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR S.N. SOPARKAR, MR GAURAV MATHUR & ABHISHEK SHAH
For the Respondent: MR SP HASURKAR, MR RONAK RAVAL, adv

ORDER :

1. In this petition, which is filed under Article 226 of the Constitution of India, the petitioners have prayed that the order dated 05.05.2015 passed by respondent No.1 - Collector and District Magistrate, Gandhinagar, be quashed and set aside and it is also prayed that the respondent No.3 - Gujarat Energy Transmission Corporation Ltd. (GETCO for short) be directed to forthwith remove the tower foundation and towers putup in Survey No.27 of village Nasmed, Taluka Kalol, District Gandhiangar.

2. Heard learned Senior Advocate Mr. S.N.Soparkar assisted by learned advocate Mr.Gaurav Mathur for Singhi & Co. for the petitioners, learned Assistant Government Pleader Mr. Ronak Raval for respondent Nos. 1 and 2 and learned advocate Mr. S.P.Hasurkar for the respondent No.3.

3. The factual matrix of the present case is as under:

3.1. It is stated that petitioner No.1 is a Limited Liability Partnership firm, incorporated and registered under the provisions of the Limited Liability Partnership Act, 2008. The petitioner No.1 is engaged in the business of development of townships. The petitioner No.2 is a partner of petitioner No.1.

3.2. It is stated that in order to promote construction of n

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