PRIYA MANOJ ABHICHANDANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) XXXXXXXXX

(2.) XXXXXXXXX

(3.) Learned Advocate Shri Mahul Sharad Shah referred to the background of the facts and submitted that the petitioner cannot held responsible for breach of condition that the construction or the development has not been made within the prescribed period and therefore, there is breach of condition. He submitted that there was a litigation filed by the Panchayat and thereafter, it was persuaded by the Sarpanch before the Hon'ble Apex Court. He referred to the order passed by the High Court as well as the order passed by the Hon'ble Apex Court and placed on record to support his contention. He referred to the order passed in Letters Patent Appeal No.2143 of 2009 passed by the Hon'ble Division Bench of the High Court (Coram: Hon'ble the Chief Justice Mr.S.J. Mukhopadhaya and Mr.Akil Kureshi,J.) dated 18.10.2010 stating that Gram Panchayat-Shri Nana Kapaya-Borana Juth Gram Panchayat came to be dismissed. However, the said Gram Panchayat had carried further the matter before the Hon'ble Apex Court by way of Special Leave to Appeal (Civil) No.4425 of 2011 has also passed an order after considering the statement and the relevant record confirming the order of the High Court. He, therefore, submitted that it cannot be said that there was any default committed by the petitioner and therefore, it was only breach of condition.