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2023 Supreme(Guj) 152

ARAVIND KUMAR, ASHUTOSH J. SHASTRI
HARSHAYU INFRASTRUCTURES SERVICES – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Appellants : YATIN N. OZA, ASHISH B. DESAI.
For the Respondents: K.M. ANTANI, MAULIN RAWAL, SATYAM Y. CHHAYA, A.J. YAGNIK.

JUDGMENT :

ASHUTOSH J. SHASTRI, J.

1. The present Letters Patent Appeal under Clause 15 of the Letters Patent is filed by the appellant-original petitioner against the judgment and order passed by the learned Single Judge dated 04.09.2019 in Special Civil Application No. 7865 of 2019.

2. The background of facts of present appeal is that appellant-original petitioner is a Nodal Agency appointed by the respondent-State Government and the Ahmedabad Municipal Corporation to implement the Scheme framed under “The Regulations for the Rehabilitation and Redevelopment of the Slums, 2010 (hereinafter referred to as “the Regulations”). The said Regulations have been framed with an object to construct a multistoried building for rehabilitation of slum dwellers of Final Plot No. 282 having Town Planning Scheme No. 20 of Mouje Navrangpura, Near Gulbai Tekra, Ahmedabad. Under the rehabilitation scheme, the respondent-corporation and the State Government are under an obligation to prepare the list of eligible slum dwellers and appellant had to remove 75% of slum dwellers from the final plot for development and implement the scheme for construction of multistoried residential units.

3. It is the case

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