BARDOLI NAGAR PALIKA Vs. LAXMICHAND SUNDARLAL LALWANI

JUDGEMENT

(1.) By way of present Appeal under clause 15 of the Letters Patent, the appellant - Bardoli Nagarpalika has challenged order dtd. 18/9/2019 passed in the captioned petition by which following directions have been issued by the learned Single Judge :-

(2.) Learned advocate Mr. Kaushal Pandya for the appellant - Bardoli Nagarpalika would submit that the appellant has passed resolution dtd. 15/7/2019 to allot the land and that the appellant has shown the readiness and willingness to allot the land at Chandramani Shopping Center, however this aspect has not been considered by the learned Single Judge.

(3.) On the other hand, learned advocate Mr. G. T. Dayani appearing for the respondents would submit that because of widening of the road, the shops of the respondents were demolished and on several occasions, the matter was discussed among the authorities including District Collector and the appellant Nagarpalika and ultimately, it was decided that the land shall be granted at a place which is situated near the Mudit Palace and on the said terms & conditions, the order was passed by the District Collector way back in the year 2013. By taking us through the said order passed by the District Collector, he would submit that the appellant Nagarpalika has not complied with the order and is trying to shift the respondents at another place which is at a distanced place. He would submit that on every occasion, the appellant tries to see that the respondents do not get the shops which were earmarked under the instructions of the Deputy Collector and that too with the consultation of the Chief Officer of Bardoli Nagarpalika i. e. appellant. He therefore would submit that the appeal be dismissed.