Allowed

Ahmedabad Municipal Corporation v. Kantaprasad Ramanand Chaudgary

Gujarat HC13 Feb 2020LPA/1898/2019

Case brief

AI extract

What is this about?

Writ appeal challenging interim injunction maintaining status quo on land for hospital construction. Court set aside injunction permitting construction to proceed despite pending litigation, prioritizing public welfare.

What did the court decide?

Injunction maintained status quo in Para.7 of impugned order dated 16.12.2019 is set aside; matter listed on priority basis for disposal.

Ahmedabad Municipal Corporation Vs… — Public Procurement and Tenders | Gujarat HC (2020)

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C/LPA/1898/2019 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/LETTERS PATENT APPEAL NO. 1898 of 2019 In R/SPECIAL CIVIL APPLICATION NO. 20451 of 2015 With

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CIVIL APPLICATION (FOR STAY) NO. 1 of 2019 In R/LETTERS PATENT APPEAL NO. 1898 of 2019

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AHMEDABAD MUNICIPAL CORPORATION

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Versus KANTAPRASAD RAMANAND CHAUDGARY

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Appearance:

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MR DEEP D VYAS(3869) for the Appellant(s) No. 1 MR DHAVAL C. DAVE, SENIOR COUNSEL WITH MR JIGAR P RAVAL(2008) for the Respondent(s) No. 1 MR DM DEVNANI, AGP for the Respondent(s) No. 2 & 4 MR PUSHPADATTA VYAS(1296) for the Respondent(s) No. 5 MS SONAL D VYAS(999) for the Respondent(s) No. 3

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CORAM: HONOURABLE THE CHIEF JUSTICE MR. VIKRAM NATH and HONOURABLE MR.JUSTICE ASHUTOSH J. SHASTRI

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Date : 13/02/2020

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ORAL ORDER (PER : HONOURABLE THE CHIEF JUSTICE MR. VIKRAM NATH)

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We have heard Shri Deep D. Vyas, learned counsel for the

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appellant, Shri Dhaval C. Dave, learned Senior Counsel, assisted by Shri Jigar P. Raval, learned counsel for the respondent No.1, Shri D.M. Devnani, learned Assistant Government Pleader for respondent Nos.2 and 4, Ms.Sonal D. Vyas, learned counsel representing respondent No.3 – AUDA and Shri Pushpadutta Vyas, learned counsel for the respondent No.5 – Dipalinagar Cooperative Housing Society.

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Page 1 of 3

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C/LPA/1898/2019 ORDER

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This appeal has been preferred by the appellant – Ahmedabad Municipal Corporation, assailing the correctness of the order passed by the learned Single Judge dated 16.12.2019 to the extent of grant of interim injunction and direction to the parties to maintain status-quo, as on today, with regard to the land in question i.e. Plot No.20 admeasuring 3350 sq. yards in the land bearing Survey No.355 Paiki and land bearing Survey No.356 Paiki, till the final disposal of the main petition.

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According to Shri Deep Vyas, learned counsel for the appellant, the interim injunction granted by the learned Single Judge would substantially affect the construction of the Government Hospital under the relevant policy of the State and the Central Government which has already commenced and is midway. It is also submitted that the appellant has no objection in the main matter being decided finally on merits by the learned Single Judge. The other issues are also raised but, without going into those questions and without disturbing the order of the learned Single Judge on other aspects, we feel that since the Government is getting the hospital constructed which is for the welfare of the public, we do not feel it appropriate that such construction should be stayed. It is well settled that if ultimately the writ petitioner succeeds, any construction raised over their

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Page 2 of 3

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C/LPA/1898/2019 ORDER

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land, will have to go or accordingly, negotiate with the writ petitioner.

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In view of the above, we allow this appeal to the limited extent that the injunction granted in Para.7 of the order passed by the learned Single Judge impugned in this appeal dated 16.12.2019, is set aside. The learned Single Judge is further requested to have this matter on priority basis and decide the same expeditiously, subject to other matters on Board.

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Learned counsels for the parties have assured that they would cooperate with hearing in the matter before the learned Single Judge.

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The Registry is directed to list Special Civil Application No.20451 of 2015 before the learned Single judge on 27.2.2020 which is already being the returnable date.

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Consequently, connected Civil Application also stands disposed of.

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(VIKRAM NATH, CJ)

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(ASHUTOSH J. SHASTRI, J)

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V.J. SATWARA

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Page 3 of 3

Ahmedabad Municipal Corporation v. Kantaprasad Ramanand Chaudgary

Case brief

What is this about?

What did the court decide?

Ahmedabad Municipal Corporation v. Kantaprasad Ramanand Chaudgary

Case brief

What is this about?

What did the court decide?

What the court decided

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