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2021 Supreme(Guj) 705

J.B.PARDIWALA, VAIBHAVI D.NANAVATI
JINMANGAL CORPORATION – Appellant
Versus
AHMEDABAD URBAN DEVELOPMENT AUTHORITY – Respondent


Advocates Appeared:
For The Appellant : MR PARAS K SUKHWANI
For The Respondent: MR MIHIR JOSHI SENIOR COUNSEL WITH MR HS MUNSHAW

JUDGMENT :

1 By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs:

    “(a) This Hon’ble Court be pleased to issue an appropriate writ, order or directions to quash and set aside order dated 05/03/2020 forfeiting Earnest Money Deposit of Rs.35,95,860/- paid for commercial plot in Chandkheda TPS No.22 final plot No.265 admeasuring 3411.00 sq. mtr. Producing at Annexure-S.

(c) This Hon’ble Court may kindly be pleased to issue an appropriate writ, order or directions directing the respondents to issue fresh allotment letter for commercial plot in Chandkheda TPS No.22 final plot No.265 admeasuring 3411.00 sq. mtr with clarification that petitioner will deposit amount of GST of Rs.5,49,14,787 with authority concerned out of total consideration of Rs.35,99,96,940/- and remaining amount of Rs.30,50,82,153/- to be deposited with respondents.

(d) Pending admission, hearing and final disposal of this petition, the respondents be restrained from issuing allotment letter for commercial plot in Chandkheda TPS No.22 final plot No.

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