2021 Supreme(Guj) 1195
BIREN VAISHNAV
NEW PRABHU PARK CO-OP. HOUSING SOCIETY LTD. THROUGH SECRETARY GAURAV RAMESHCHANDRA JAIN – Appellant
Versus
STATE OF GUJARAT – Respondent
Advocates Appeared:
For The Appellant : MR KAUSHAL D PANDYA
For The Respondent:MR.MEET THAKKAR, AGP, MR NANDISH Y CHUDGAR, MR.ANSHIN DESAI, LD. SENIOR ADVOCATE with VENU H NANAVATY
JUDGMENT :
1. By way of this petition, under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:
2. The facts in brief are as under:
2.1 The case of the petitioner is that the society is situated on original plot no. 29 and original plot no. 30 of the Town Planning Scheme No. 6 (Vejalpur) and the preliminary scheme was sanctioned on 14.08.2002. The petitioner society against original plot no. 29 and original plot no. 30 has been allotted final plot no. 30/1 and 30/2. Based on the redistribution statement, the case of the petitioner is that the original plot no. 29 on survey no. 225 was 8902 sq. mtrs and the final plot 29 admeasuring 6855 sq. mtrs was yet not allotted and therefore the petitioner had filed Special Civil Application No. 2919 of 2009 before the High Court where the High Court had directed the authority to hand over possession within three months. Since the respondent authority has failed to implement the scheme and allot 6855 sq. mtrs, a subsequent petition being Special Civil Application No. 6818 of 2002 has been filed and
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