(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA) Learned counsel Mr. V. H. Patel, appearing for the respondent municipal corporation, stated, on instructions, that due to various practical difficulties the road in question could not be constructed in terms of the order dated 04.04.2011 but there was some progress in the work of filling and levelling of the approach road to the grave yard. He made a statement, on instructions, that before onset of next monsoon i.e. by 1st July 2012 a motorable metal road would be ready and finished. Learned counsel Mr. Saurabh Patel, appearing for the appellant, submitted that the appellant has nagging doubt about execution of the work in time on account of the record of progress. Therefore, he requested to reserve the right of the appellant to take appropriate proceedings if the roads were not prepared as per the statement recorded hereinabove. Subject to that, the appellant would not press for any further order or relief. Accordingly, the appeal is disposed as not pressed along with Civil Application subject to the respondent concerned abiding by the statement as aforesaid and with liberty to the appellant to take appropriate proceedings in case of necessity. There is no order as to costs.
[D.
H. WAGHELA, J.] [N.
V. ANJARIA, J.] Amit Top