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A. J. SHASTRI
Nidhi Co Operative Housing Society Ltd. – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. By way of present petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:
AND/OR IN THE ALTERNATIVE
[A] THIS HONOURABLE COURT may be pleased to direct the respondent No. 3 Authority implement the Town Planning Scheme No.1 qua final plot No.65 as directed earlier by this Honourable Court in Special Civil Application No. 12749 of 2003, which is confirmed up to the Honourable Supreme Court, and to hand over peaceful and vacant possession of land admeasuring 4645 sq. meters of Final Plot No.65; to
[B] Pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to direct the respondent- AUDA, to forthwith reply to the Ahmedabad Municipal Corporation instructing them with respect to the land bearing Final Plot N
The main legal point established in the judgment is the need for the appeal committee to reconsider the case of the petitioners in true letter and spirit of Section 67A of the Gujarat Town Planning a....
Point of law: There remains no shadow of doubt that where the draft scheme has been sanctioned by the Government, the lands required for the purposes specified in the clauses (c), (f), (g) or (h) of ....
Authority under the Act of 1976 exercises a quasi-judicial power which implies observing of the principles of natural justice and to conclude that the occupants are not entitled to occupy the plots. ....
The main legal point established in the judgment is that failure to raise objections at the appropriate time and factual inaccuracies in the petitioner's claims can lead to the dismissal of a petitio....
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