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2021 Supreme(Guj) 973

BIREN VAISHNAV
RASIKBHAI H PRAJAPATI – Appellant
Versus
AHMEDABAD MUNICIPAL CORPORATION – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR NIKHIL S VYAS
For the Respondent: MR BHARAT T RAO, MR DEEP D VYAS

ORDER :

1. Heard Mr. Nikhil S. Vyas, learned advocate for the petitioners, Mr. Deep D. Vyas, learned advocate for respondent Nos.1, 2 and 3 and Mr. B.T. Rao, learned advocate for respondent No.4. Perused the record.

2. In this petition under Article 226 of the Constitution of India, the petitioners have prayed to quash and set aside the notice dated 27.11.2019 by the respondent No.3 – Deputy Estate and Town Planning Development Officer of Ahmedabad Municipal Corporation, Ahmedabad.

3. The facts in brief are as under:

    It is the case of the petitioners that they are the tenants of the land situated at Town Planning Scheme No.23 Sabarmati Final Plot No.38 and Final Plot No.195 of Survey No.109 which originally constituted plots 36+38. By virtue of the Town Planning Scheme having come into force, the same is given Final Plot No.195.

4. Mr. Nikhil S. Vyas, learned advocate for the petitioners would submit that some of the similarly situated petitioners had approached this Court by filing SCA No.2032 of 1999 in which petition, it was the case of the petitioners that they were in occupation of the land in question prior to year 1976 and, therefore, they are entitled to alternative accommodat

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