VALJIBHAI JAKSHIBHAI DESAI Vs. RAMESHBHAI KANTILAL PATEL

JUDGEMENT

(1.) Heard Mr. A.M.Parekh, learned counsel for the appellant, Mr. Bharat T. Rao, learned counsel for respondent No.1-original petitioner and Mr. D.D.Vyas, learned counsel for respondent Nos.2 to 4.

(2.) Learned counsel for the appellant has raised one main contention that even as per the earlier order passed by this Court in Special Civil Application No.2032/1999 and the said order having been relied upon by Division Bench of this Court in its order dated 14.11.2017 passed in this proceedings, the respondent - Corporation is trying to implement the scheme without adhering to the directions issued by this Court. It was also contended that in the writ petition, the petitioner was not made a party and there is suppression of the fact that earlier the petition was filed by the appellant herein, wherein certain directions were issued even though respondent No.1 original petitioner was a party to that proceedings. It was also contended that even filing of the civil suit is also not stated in the petition.

(3.) Mr. B.T.Rao, learned counsel for respondent No.1 and Mr. Deep D.Vyas, learned counsel for respondent Nos.2 to 4 have supported the impugned order. Learned counsel for respondent Nos.2 to 4 has submitted that as per the earlier directions, the respondent- Corporation has followed the procedure and the appellant has been offered an alternative accommodation as stated in communication dated 29.09.2016.