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2023 Supreme(Guj) 135

ARAVIND KUMAR, ASHUTOSH SHASTRI
SAROJBEN KIRITBHAI SHAH – Appellant
Versus
AHMEDABAD MUNICIPAL CORPORATION – Respondent


Advocates:
Advocate Appeared:
For the Appellants : YATIN OZA, AJIT S. NAIR.
For the Respondents: SHALIN MEHTA, VISHWA G. PATEL, JAL S. UNWALA.

JUDGMENT :

ARAVIND KUMAR, J.

1. Present Letters Patent Appeal under Clause 15 of the Letters Patent is directed against the judgment and order passed by learned Single Judge dated 21.6.2022 in Special Civil Application No. 8530 of 2019.

2. Background of facts which has given rise to present Letters Patent Appeal are quoted hereunder:

    (1) Original petitioner is a registered Co-operative Housing Society, consisting of several residential units, total 11 residential complexes, in which 78 flats were constructed over the land at Jodhpur, Satellite, Ahmedabad way back in the year 1971. Said flats were constructed prior to almost more than 50 years, and were constructed by a Co-operative Housing Society, namely Swami Vivekanand Nagar Co-op. Housing Society Ltd. pursuant to Building Permission granted in 1969. On account of passage of time and quality of construction, the condition of building deteriorated and said residential flats became dilapidated since several years and slabs practically in each block were deteriorated and have got damaged and internal steel frames in RCC slabs has also become damaged and are in such dangerous situation that even repair work is not possible to maintain i

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