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2023 Supreme(Guj) 138

ARAVIND KUMAR, ASHUTOSH SHASTRI
AHMEDABAD GYMKHANA CLUB – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Advocate Appeared:
For the Appellants : MIHIR JOSHI, SALIL M. THAKORE.
For the Respondents: DEVANG NANAVATI, ANKIT SHAH.

JUDGMENT :

ARAVIND KUMAR, J.

1. Though matter is listed for admission, learned Senior Advocate appearing for the appellant Mr. Mihir Joshi has submitted arguments on the main appeal extensively and respondents who are on caveat and represented by Mr. Devang Nanavati, learned Additional Solicitor General of India for respondent Nos. 1 to 3 has also addressed arguments on main matter. Hence, we have taken up the appeal on merits and disposed of by this order.

2. Respondent herein who is the writ applicant was granted land bearing Survey No. 109 admeasuring 1.77 acre in the cantonment area of Ahmedabad on lease for a period of 30 years which was renewable upto 90 years by registered lease deed dated 12.1.1932. Same was renewed on 1.10.1962 for a further period of 30 years. Thereafter petitioner applied for renewal of lease in 1992 and no formal decision has been communicated to the petitioner in this regard.

3. A show cause notice came to be issued on 9.1.2017 by respondent No. 2 herein to the appellant alleging writ applicant was carrying on certain activities in violation of the terms of the lease. Said notice was duly replied on 6.2.2017. After few years, i.e. 25.6.2021, petitioner was

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